Identificador: TDX:3310
Autors: Carmona Garias, Silvia
Resum:
Public Administrations need to develop a constant modernization process to adapt to the changing citizen needs. The model of traditional representative democracy is not enough in the current panorama, in which the citizens claim for more prominence. Comparative law offers us many innovative experiences, among them, the one that has broken out in the political-administrative scenario with greater force is the open government. This paradigm supposes the logical and coherent evolution of the administrative modernization in the information society, this is the reason why this research focuses on a conceptual approach of this concept, after reviewing the profuse specialized bibliography on the subject, starting from a theoretical frame about democracy, and from a re-reading of traditional principles of public law in the light of contemporary times. Once the need to incorporate the citizen in the public decision making in a level of equality has been evidenced, due to the existence of factors that distort the quality of the democracy, the study focuses on the public participation as a regenerating factor of the confidence in the system, and after establishing its limitations, open government is proposed as a viable strategy to solve them. This is the reason why the study includes an analysis of the origin and evolution of the concept, the values that it promotes, its benefits, as well as the inherent risks involved. Next, we look at what has been done so far in Spain that can be subsumed in this paradigm, especially about the new regulatory tendencies that move in the same direction, as the transparency law, and, finally, we discuss about what else must be done to continue advancing in that line, in a sort of incomplete alphabet of reforms derived from a comparative study of proposals and initiatives put in place in this framework at both national and international level.