Límites del derecho de información de los diputados

Abstract

The right of information of the Members of Parliament is a fundamental right rooted in art. 23 of Spanish Constitution. This right is subject to limits that are not defined precisely in the parliamentary regulations. Its delimitation can be effected by the application of the Laws on transparency and right of access, which specify the limits of the right of citizens to access public information. These limits must be interpreted restrictively and, in addition, the superior interest of the law of the Members must be assessed. Therefore limited access can be a solution for an attenuated application of these limits. The denial of the information requests of the Members can be object of appeal before the Courts of the contentious-administrative order. It would be convenient that the Parliamentary Regulations also open up the possibility of claiming before the Transparency Authorities in order to guarantee the effectiveness of this right.