Recurrent: Ministry of Justice (current Ministry of the Presidency; Justice and Relations with the Courts)

Recurred resolution: R/0228/2024

The Fundación Ciudad-Civio requested from the then Ministry of Justice the data on nationality applications received in the last three years (2020, 2021 and 2022) with a certain breakdown.

The requested Ministry issued a resolution in which, in accordance with the provisions of article 22.3 LTAIBG, it provides a link that leads to the statistical information on this matter already published; considering the application of the cause of inadmissibility provided in article 18.1.c) LTAIBG (reprocessing) with respect to the unpublished.

The Council considers the claim based on the premise that the claimant foundation, in the light of the resolution, limits the subject matter of its claim, without the competent body deciding or assessing this limitation in the claim procedure. Lack of response, it is pointed out, that it cannot render ineffective the exercise of a right of constitutional rank, such as the right of access to public information. It is concluded in the resolution that, since the request is considered as public information in accordance with the provisions of article 13 LTAIBG transcribed above, the estimate is appropriate.