Law 19/2014, of December 29, on transparency, access to public information and good governance (LTC) is mandatory for certain subjects, among which is the local public sector of Catalonia formed by (art 3.1.aib LTC):
- Town councils
- Metropolitan areas
- Decentralized Municipal Entities
- Local autonomous bodies
- Local business public entities
- Commercial companies with majority local participation (more than 50%) or linked to local bodies
- Foundations of the local public sector
- Local consortia
The subjection of these entities to the LTC entails, among others, certain obligations of active publicity, that is to say, the obligation to make public, ex officio, certain public information contents detailed in the LTC (arts. 2.i., 8 to 12 LTC).
In the case of associations and foundations, it is necessary to take into account the provisions of Resolution JUS/1563/2015 , of July 6, which complies with the seventh additional provision of the LTC, relating to active advertising obligations of these types of entities.
The obligations of active advertising must materialize through the so-called transparency portal which is the electronic platform and the basic and general instrument for managing public documents to give compliance and effectiveness to the transparency obligations of the LTC ( art. 5 LTC).
In this sense, the AOC offers the bodies of the local public sector of Catalonia in the terms of Law 29/2010, of August 3, on the use of electronic media in the public sector of Catalonia, a portal service of transparency adapted to the requirements of the LTC.
The AOC's transparency portal articulates the publication of information subject to transparency (arts. 8 to 12 LTC) through the following families:
- Institutional and organizational information (political organization, staff, entities and other bodies).
- Economic management (budgets, tax and economic management, heritage and subsidies).
- Government action and regulations (acts, agreements, edicts, notices, regulations, plans and strategies).
- Contracts, agreements and subsidies (contractor profile, minors, bodies and collaboration agreements).
- Catalog of services and procedures (offer of services and procedures made available to citizens).
- Citizen participation
In the following link you can consult the families and the items included in each one.
Not all items are applicable to all entities subject to the LTC. For this reason, before requesting the AOC's transparency service, you must carry out the following legal analysis:
- Determine what the legal nature of your body is (e.g. city council, autonomous body, commercial company with majority local participation or linked to local bodies, etc.). In doubtful cases, consult the statutes of the entity.
- Determine if your us has any relationship of dependence or connection with another body of the local public sector. If so, check whether the entity you depend on (parent entity) assumes all or some of your entity's active advertising obligations.
- Based on the answers to the two points above, analyze what items you need to publish on your transparency portal.
Remember that, as you can see in the following link, the items are customizable and new ones can be created .
The content of the items is based on two types of data:
- Manual data: these are data that the users of the website should fill in and may or may not have a structured format.
- Automatic data: these are data that the AOC Consortium has collected from the databases of other bodies (e.g. official newspapers, Audit Office, etc.) and from the databases of services provided by the AOC Consortium (e.g. e.g. e-board, contractor profile, etc.). They can have a structured format in open data or with redirects.
To request and have access to the AOC's transparency portal service, you must previously be a member of EACAT (Catalan Public Administrations Extranet), since both the request and the management of the transparency portal they can only be done through EACAT.
3.1. What to do if your institution is not a member of EACAT: apply for membership.
To apply for EACAT membership you must follow the following steps:
a) Check if your us is included within the subjective scope of provision of the EACAT service provided for in its specific conditions .
b) If you are included in any of the membership cases:
- Complete and electronically sign the EACAT membership form
- Send the form through the electronic headquarters of the AOC Consortium, using the Generic Instance option.
c) The AOC will then contact you. Once you have registered with EACAT, you will be able to request the transparency portal service.
3.2 What to do if your company is already a member of EACAT: request your transparency portal.
- Download the form through EACAT > "Procedures" > "Catalogue of procedures" > search for the provider "Consorci AOC" > "Request for services" > "Request for registration or modification of Open Government services and e-TAULER" (includes SEU-e and Transparency services).
- Complete, validate and electronically sign the form.
- Once validated and signed, the form will be sent automatically by pressing the "send" button.