SUMMARY

A citizen submitted a request for access to the information addressed to the Ministry of Finance and Public Function to access the content of the agreement signed between the Government of Spain and the Autonomous Community of the Basque Country on the settlement of quotas and fixing the five-year quota until 2021, also requesting the amounts of funding and the costs of transferred and non-transferred competences.

The Ministry did not provide the information on the grounds that it was in the process of dealing with the Joint Commission, not having the sums paid as contributions or the income of the quota, and argued that the reason for the inadmissibility of article 18.1 (a) of the transparency law was applicable.

When a complaint was filed, the Council of Transparency and Good Governance considered it in part, since certain information is stored in historical archives that are governed by their own regulations, not by the law of transparency. The Council admitted that information should be provided on the content of the agreement signed between the Government of Spain and the Autonomous Community of the Basque Country on the settlement of quotas and fixing of the five-year quota until 2021, given that, although the parliamentary procedure has not been completed, the document is already final.

State: The judgment of the Madrid Central Administrative Court No. 7 is a firm judgment in favor of providing information.