Access to information of the aggrieved party in contraventional procedure. communication of the report
Access to information of the aggrieved party in contraventional procedure. communication of the report

Summary/Abstract: Within the control activity carried out by public authorities, public servants come across a range of information which may have confidential character, established as such by normative acts governing such information. One of the procedures in which the inspector finds out confidential aspects is the contraventional procedure. On the other hand, the right to information is one of the fundamental human rights. In the exercise of this right the person who referres the matter to an inspector is entitled to know whether legal action have been taken and the act in question. In many cases, finding contraventions shall be carried out at the request of citizens who, in most cases, have the quality of aggrieved party. In this capacity they have the right to be notified of the aforementioned report to know the specific way in which the authority has proceeded. Another reason for the mandatory communication of the report is that the injured party can valorise their civil claims either directly established by the act, or by common law. The applicability of legal provisions which establish communication cannot be restricted by regulatory acts with subsequent legal force by which supervisory authorities would refuse to communicate the solutions of the request and the established substantial aspects. However, it seems to appear a policy of restrictive interpretation of the rules which establish citizens' access to information both from the perspective of public information as well as from the perspective of information relating to specific situations in which they are involved. In our study we will analyze the application of specific rules which establish the confidential nature of information in public administration and of those which establish the right to information, with particular reference to contraventions. We also propose a balanced action in this area so sensitive and so important for ensuring an effective action of human rights and of a just equilibrium of powers in a State. Without an obligation to communicate the act by which the public authority has solved the complaint of the victim, we cannot say that the citizen is content with the solution given to their complaint; in the latter case, the plaintiff has the right to address other public authorities, administrative or judicial. By refusing to communicate the final document of the 'file', the public authority disputes the very right of access to justice of victims of contraventions.

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