Transparency as a limit of parliamentary autonomy in the regional Legislative Assemblies

Abstract

Abstract
The process of juridification of transparency as principle, rule and law in the public sector is object of reflection from a parliamentary perspective, arguing the transfer of its legal regime to the autonomous parliaments. The state of the issue is based on the principle of parliamentary autonomy as the main legal obstacle to the application of the principle of transparency, currently reduced to activities subject to administrative law in parliaments and shaped by the regulations and decisions of the organs Parliamentarians from the insitucional
hermeticism. The gap between the administration and parliament for transparency makes it possible to raise legal objections to divergences
between access to public and parliamentary information. The conflict between the principles of parliamentary autonomy and transparency emerges from areas of opacity without regulatory or conventional coverage and grounds the extrapolation of the limits of ordinary legislation to the information reserved by parliaments. Legal arguments are developed to extend the transparency of parliamentary acts in general, including the so-called internal corporate acts and to overcome the legal restriction on activities subject to administrative law. The recourse to the nature of transparency as an informing principle of the legal and public order and representative of the democratic principle (article 1.1 EC), its external dimension through the criterion of public interest and the vehicular condition of parliamentary information for the exercise of Fundamental rights, contributes to strengthening judicial review of parliamentary acts. The conclusions include the conversion of transparency into the limit of the principle of parliamentary autonomy, the tendency towards convergence between active and passive advertising, the progressive admission of a right of access to parliamentary information.