Recurrent: Ministry of Labor. Labour and Social Security Inspectorate
Recurred resolution: R/1020/2021
A journalist submitted a request for information to the Ministry of Labour and Social Economy to know the identity of all companies that - between March 14, 2020 and the date on which this request for access to public information is answered - have been firmly sanctioned by the Labour and Social Security Inspectorate for having committed fraud or some irregularity with the Temporary Employment Regulation Files (ERTE).
The Administration partially granted access by informing the claimant of the actions generated (42,615) and completed (34,591), as well as the number of violations detected in national computation, amounting to 5,703, with a total figure of Euro27,018,595.36.
Once a complaint has been filed, the Council of Transparency and Good Government considered it for formal reasons, ordering to return proceedings so that the Ministry complies with the provisions of article 19.3 of the LTAIBG, giving a hearing to those affected and informing the claimant of it and, once received the allegations of companies sanctioned by the Labour and Social Security Inspectorate for fraud or irregularities related to an ERTE from March 14, 2020 until November 30, 2021, or after the deadline for this, resolves on the request for access.
Judgment No. 75/2023 of the Central Administrative Court No. 7
The Supreme Court has accepted the cassation appeal filed by the Council of Transparency and Good Governance.
In the admission order, the Supreme Court declares that the issue raised in the appeal that presents objective casational interest for the formation of jurisprudence consists in determining: (I) if the reasons for non-admission of article 18 of Law 19/2013, of 9 December, on transparency, access to public information and good governance, can be used to non-admit part of the application; and (II), if so, if the reasons for non-admission, in particular that of an unjustified abusive nature for the purpose of transparency of this Law, can be associated with a purely quantitative criterion (in this case, by the number of sanctioned companies on which the information is requested and by the need to give a hearing to them).
Auto del Tribunal Supremo de 2 de octubre de 2024 de admisión del recurso de casación