What is the deadline for responding to a written request for information from a councilor to the government team of a municipality? Jurisdiction Spain.

Question from leo, What is the deadline for responding to a written request for information from a councilor to the government team of a municipality? Jurisdiction Spain.

Answer from AI:

Understanding the Legal Framework

In Spain, the right of councilors to access information is protected under various laws and regulations. The primary legislation governing this right includes:

• Law 7/1985, of April 2, Regulating the Bases of Local Regime (LBRL)
• Law 19/2013, of December 9, on Transparency, Access to Public Information and Good Governance

Specific Deadlines for Response

According to Article 77 of the LBRL, councilors have the right to obtain any information they need to perform their duties. The law stipulates that the government team of a municipality must respond to a written request for information within a specific timeframe.

Key Points from Article 77 of the LBRL

1. The government team must provide the requested information within five days from the date of the request.
2. If the information is not provided within this period, the councilor can reiterate the request.
3. In case of repeated non-compliance, the councilor may seek judicial intervention to enforce their right to information.

Additional Considerations

While the LBRL sets a clear deadline, practical considerations may affect the response time. For instance:

• The complexity of the information requested.
• The volume of data involved.
• Administrative workload and resources.

In such cases, it is advisable for councilors to maintain open communication with the government team to understand any potential delays.

When to Seek Legal Advice

If a councilor faces persistent issues in obtaining information, it may be necessary to seek legal advice. A legal professional can provide guidance on:

• Filing a formal complaint.
• Initiating legal proceedings to enforce the right to information.
• Understanding the implications of non-compliance by the government team.

Resources and Further Reading

For more detailed information, councilors and interested parties can refer to the following resources:

• Law 7/1985, of April 2, Regulating the Bases of Local Regime (LBRL)
• Law 19/2013, of December 9, on Transparency, Access to Public Information and Good Governance

Conclusion

While the legal framework provides a clear deadline for responding to information requests, practical challenges may arise. Councilors should be proactive in communicating with the government team and seek legal advice if necessary. For personalized advice, consulting with a legal professional is recommended.