Law 39/2015, of October 1, on the common administrative procedure of public administrations, has practically not altered the regime of the public information procedure compared to that provided for in Law 30/1992, of November 26, legal regime of the Public Administrations and the common administrative procedure. The only novelty is the provision that the file must also be displayed by electronic means, at the corresponding electronic headquarters.
The problem lies in how to carry out this procedure by electronic means. In this regard, it will be necessary to bear in mind some previous organizational issues:
- It will be necessary to enable spaces where screens are available to be able to consult the corresponding file, in addition to putting this information in the corresponding citizen folder.
- The need for anonymization should be kept in mind, if necessary; for this reason, in our opinion, it is not feasible to directly put on public display the file management tool of each Administration, but to show a more friendly view of the file, which includes all the documentation and information necessary 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, an option would be to accompany the interested party in this public information process, directly showing the documents of the electronic file, after anonymizing the necessary data.
Article 82. Hearing procedure .
"1. Once the procedures have been instructed, and immediately before drafting the resolution proposal, they must be made clear to the interested parties or, where appropriate, to their representatives, for which they must be kept in mind taking into account the limitations foreseen if applicable in Law 19/2013, of December 9.
The hearing to 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 consultative body of the autonomous community, in the event that these form part of the procedure.
2. The interested parties, within a period not less than ten days nor more than fifteen, may allege and present the documents and justifications they consider relevant.
5. In the patrimonial responsibility procedures referred to in article 32.9 of the Public Sector Legal System Law, it is necessary in any case to give an audience to the contractor, who must be notified of all the actions that take place term in the procedure, to the effect that he appears there, exposes what suits his right and proposes all the means of proof he considers necessary. "
Article 83. Public information.
2. For this purpose, an announcement must be published in the corresponding official newspaper so that any natural or legal person can examine the file, or the part of the file that is agreed upon.
The announcement must indicate the place of exhibition, and in any case it must be available to people who request it through electronic means at the corresponding electronic headquarters, and must determine the deadline for formulating allegations, which in no case can be less than twenty days.
3. Failure to appear in this procedure does not prevent the interested parties from filing appeals against the final resolution of the procedure.
Appearing in the public information procedure does not, by itself, grant the status of interested party. However, those who present allegations or observations in this procedure have the right to obtain from the Administration a reasoned response, which may be common to all allegations that raise substantially the same issues.
4. In accordance with the provisions of the laws, the public administrations can establish other forms, means and courses of participation of the people, directly or through the organizations and associations recognized by the law in the procedure in which the administrative acts are issued ."