How to process public information by electronic means?

Law 39/2015, of 1 October, on the common administrative procedure of the Public Administrations, has practically not altered the regime of the public information procedure with respect to that provided for in Law 30/1992, of 26 November, of legal regime of the public administrations and the common administrative procedure. The only novelty is the provision that the file must also be exhibited by electronic means, in the corresponding electronic office.

The problem lies in how to carry out this procedure by electronic means. In this regard, it is necessary to keep in mind some previous organizational issues:

It will be necessary to enable spaces where you can have screens to be able to consult the corresponding file, in addition to putting this information in the corresponding citizen folder.
The need for anonymization must be borne in mind, if necessary; For this reason, in our opinion, it is not feasible to put the file management tool of each Administration directly on public display, but to show a view of the most user-friendly file, which includes all the necessary documentation and information to be able to consult. the file in its entirety.
In the event that the Administration has not been able to develop this functionality of the hearing, one option would be to accompany the interested party in this public information procedure, directly showing the documents in the electronic file, after anonymisation of the necessary data.

Legal Context

Law 39/2015

Article 82. Hearing procedure .

"1. Once the proceedings have been instructed, and immediately before the draft resolution is drafted, they shall be made known to the parties concerned or, where appropriate, to their representatives, for which purpose they shall be take into account the limitations provided for in Law 19/2013, of 9 December.

The hearing of the interested parties must be prior to the request for the report of the competent body for legal advice or the request for the opinion of the Council of State or equivalent advisory body of the Autonomous Community, in the event that these form part of the procedure.

2. The interested parties may, within a period of not less than ten days and not more than fifteen, allege and present the documents and justifications they deem pertinent.

3. If, before the deadline, the interested parties express their decision not to make any allegations or provide new documents or justifications, the procedure will be considered completed.

4. The hearing procedure may be dispensed with when no other facts or allegations or evidence other than those adduced by the interested party are included in the procedure or taken into account in the resolution.

5. In the procedures of patrimonial responsibility referred to in article 32.9 of the Law on the Legal Regime of the Public Sector, it is necessary in any case to give a hearing to the contractor, who must be notified of all actions that lead to in the proceedings, for the purpose of the person appearing in it, state what is appropriate to his right and propose all the means of proof he deems necessary. ”

Article 83. Public information.

" 1. The body responsible for resolving the procedure, when the nature of the procedure so requires, may agree on a period of public information.

2. To this end, an announcement shall be published in the corresponding official gazette so that any natural or legal person may examine the dossier, or the part of the dossier agreed upon.

The advertisement must indicate the place of exhibition, and in any case must be available to those who request it by electronic means in the corresponding electronic office, and must determine the deadline for formulating allegations, which in no case may be less than twenty days.

3. The non-appearance in this procedure does not prevent the interested parties from filing the appropriate appeals against the final resolution of the procedure.

Appearance in the public information procedure does not, in itself, confer the status of interested party. However, those who submit allegations or comments in this process have the right to obtain a reasoned response from the Administration, which may be common to all allegations that raise substantially the same issues.

4. In accordance with the provisions of the law, public administrations may establish other forms, means and courses of participation of persons, directly or through organizations and associations recognized by law in the procedure in which administrative acts are issued. . "

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