Complaint to the Valencian Transparency Council relating to access to public information and active advertising. - GVA.ES
Complaint to the Valencian Transparency Council relating to access to public information and active advertising.
Department: Presidencia de la Generalitat
Deadline for application:
OPEN
Basic information
Forms
Request
Processing
Resolution
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Basic information
What is it and what is it for?
What is it and what is it for?
Public information is understood to be: the contents or documents, whatever their format or medium, held by any of the public administrations included in the scope of application of the regulations on transparency related to the Comunitat Valenciana.
All persons, whether natural or legal persons, Spaniards or foreigners have the right to access public information
without giving their reasons for wanting to access the information.
Who can apply?
Who can apply?
Any person, whether a natural or legal person, Spanish or foreign, who, having exercised their right to access public information, has not obtained a response from the administration or, if they have received a response, where it is not satisfactory.
Regulations of the procedure
Regulations of the procedure
- Law 39/2015, dated 1 October, on Common Public Administration Administrative Procedures
- Law 5/2016, dated 6 May, on Open Accounts at the Generalitat Valenciana
- Consell Decree 56/2016, dated 6 May, approving the Generalitat's Code of Good Governance
- Consell Decree 105/2017, dated 28 July, implementing Generalitat Law 2/2015, dated 2 April, on transparency and regulating the Council for Transparency, Access to Public Information and Good Governance
- Generalitat Law 1/2022, dated 13 April, on Transparency and Good Governance in the Comunitat Valenciana
- Law 19/2013, dated 9 December, on Transparency, access to public information and good governance.
Doubts about telematic processing
Doubts about telematic processing
Documentation and forms
Term
Term
1. If information has been requested and access has been denied due to a written resolution, you can choose between going to court to assert the right you have or going to the Transparency Council for a review of the denial resolution.
In this case, you have one month from the date of the written response denying the right of access to file a complaint with the Transparency Council.
2. Likewise, if information has been requested and it has not been provided because the body to which the request was addressed has not given an answer, this is what is known as administrative silence, in which case there are again two possibilities: to complain to the courts or to go to the Council.
In this case there is no deadline for going to the Council, a complaint can be filed whenever deemed appropriate.
Documentation and forms
- Duly signed complaint form.
- Copy or photocopy of the initial request submitted in exercise of the right of access to public information.
- Any other documentation deemed necessary.
Associated forms
Presentation
Presentation
Face-to-face
The documents that the interested parties address to the Public Administrations bodies may be submitted:
a) On the electronic register of the Administration or Body to which they are addressed, as well as in the other electronic registers of any of the subjects referred to in Art. 2.1.
b) At post offices, in the legally established manner.
c) In the diplomatic representations or consular offices of Spain abroad.
d) At the registers assistance offices.
e) At any other location established by the current provisions.
However, all natural persons are reminded that they should preferably use the online route.
Telematics
For online filing, the tool required is available at the Generalitat's Online Portal, where you can find the specific online procedure.
It can be presented any day of the year, twenty-four hours a day.
Requirements: A digital electronic signature issued by the Generalitat Valenciana Certification Authority or an electronic identity card.
You can obtain the digital signature from the Generalitat Valenciana, free of charge, at the user registration points provided by the Comunitat Valenciana Certification Authority (ACCV).
You can check your nearest registration point on: http://www.accv.es/puntreg_c.htm
Once you have gained access with the electronic certificate, the complaint will be completed by means of a guided procedure.
Processing process
Processing process
The interested parties may submit their complaint to the Transparency Council in writing, in the places established under Art.16.4 of Law 39/2015, dated 1 October, on Common Public Administration Administrative Procedures, or online.
Preferably, the standard form should be used, without prejudice to the full validity of complaints submitted without a form. In any event, a photocopy of the initial request must always be enclosed.
The complaint must be signed by the person concerned.
Once a request for access to information has been submitted, the administration to which the request is made has one month (except in some cases where it may be extended) to provide a response to the applicant.
If the Administration, or the body from which you requested the information, does not reply to your request within this period, your request will be considered rejected for the purposes of appeal or complaint.
In both cases, whether your request is rejected or not, the complaint to the Valencian Transparency Council is voluntary and free of charge. However, you can always go directly to court to challenge a refusal to grant you access to the public information you have requested within the legally established time limits.
It should be borne in mind that if the information is denied by Les Corts, the Síndic de Greuges, the Sindicatura de Comptes, the Consell Valencià de Cultura, the Acadèmia Valenciana de la Llengua, the Comité Econòmic i Social, or the Consell Jurídic Consultiu, a complaint cannot be submitted and you will have to go to court.
It is important to remember that when submitting a complaint to the Transparency Council, it must be accompanied by the request made to the administration exercising a right of access and, where appropriate, the response given by the administration.
The procedure differentiates between:
Legal Persons: The subjects indicated in Art.14.2 of Law 39/2015, dated 1 October on Common Public Administration Administrative Procedures are obliged to interact online with the Public Administrations.
Physical persons: They can choose either online or ordinary submission via the places established in Art.16.4 of Law 39/2015, dated 1 October, on Common Public Administration Administrative Procedures
Processing bodies
Processing bodies
VALENCIAN TRANSPARENCY COUNCIL
- CONSEJO VALENCIANO DE TRANSPARENCIA
Ps. ALAMEDA, 16
46010 - València/Valencia
Observations
Observations
Contentious-administrative appeal.
Deadline
Deadline
Three months from the filing of the claim
Resolution bodies
Resolution bodies
VALENCIAN TRANSPARENCY COUNCIL
- CONSEJO VALENCIANO DE TRANSPARENCIA
Ps. ALAMEDA, 16
46010 - València/Valencia
Silence effect
Silence effect
Dismissal
Exhausts administrative life
Exhausts administrative life
Yes