El encaje constitucional del modelo de Open Government

Abstract

The Open Government model is meant to overcome a serious growing political and institutional disaffection in Spain has been bearing since the great 2008 economic crisis arose. In a very real sense, citizenship is sought to be politically committed in a major and continuous way beyond the exercise of the suffrage. The current opportunities provided by information and telecommunication technologies make this political model an opportune mean to regrowth and further the lost confidence that Spanish politicians have been lacking throughout the last years. Putting into practice the innovativeness of these measures previously requires a critical analysis of both the current Representative Democracy model and those constitutional precepts concerning participation and collaboration, amongst which can be highlighted Article 105 CE. It has laid the foundations to pass the LTAIBG, act 19/2013, of 9 December, on Transparency, Access to Information and Good Governance. For the time being, the LTAIBG is the most relevant act on Open Government passed in Spain. Nevertheless, this act is insufficient by itself on implementing what is considered as the three pillars on which Open Government must be laid: transparency, participation and collaboration of citizenship.