GENERAL COUNCIL OF THE TRANSPARENCY JUDICIARY INTERNATIONAL

FRAMEWORK AGREEMENT FOR COLLABORATION BETWEEN THE GENERAL COUNCIL OF THE JUDICIARY AND TRANSPARENCY INTERNATIONAL SPAIN

In , on 2 July 2014.

BY AND BETWEEN

The President of the Supreme Court and of the General Council of the Judiciary, Mr Carlos Lesmes Serrano, according to Agreement (no. 2) of the Plenary Session of the General Council of the Judiciary of 9 December 2013, Royal Decree 979/2013 of 10 December, (Official State Gazette 11 December 2013); and,

The President of Transparency International Spain, Mr Jesús Lizcano Alvarez, according the current Statutes of this association, officially inscribed in the Associations Registry on 2 October 2006.

Both parties appear on behalf of the respective Institutions that they represent, and they mutually recognise their authority to formalise this Agreement. In light of the above

THEY HEREBY STATE

ONE: Article 122 of the Spanish Constitution establishes that the General Council of the Judiciary (hereinafter CGPJ) is the governing body of the Judiciary, and shall be presided by the President of the Supreme Court. Furthermore, Article 104.2 of the Organic Law on the Judiciary 6/1985 of 1 July (hereinafter LOPJ), provides that the governing of the Judiciary is the responsibility of the CGPJ, which shall exercise its competencies over the whole of national territory, and that its President, under Article 105 of the LOPJ, is the highest judicial authority of the nation and represents and governs the Judiciary.

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TWO: Law 19/2013 of 9 December, on transparency, access to public information and good governance, was published in the Official State Gazette on 10 December 2013. The objective of this Law is to extend and reinforce the transparency of public activities, to regulate and safeguard the right of access to information concerning the aforementioned activity, and to establish obligations of good governance that public officials must fulfil, as well as the consequences that arise should such obligations be breached.

The aforementioned Law establishes a series of obligations for active publicity, consisting of making institutional, organisational and planning information available to citizens, as well as information of judicial, economic, budgetary and statistical importance. Moreover, the Law foresees a single procedure for accessing public information and creating units of information, in order to integrate the management of information requests from citizens into the functioning of the internal organisation of the Administration.

THREE: The CGPJ is interested in implementing a true transparency policy into its functioning, which will constitute a fundamental part of its activity, as well as strictly complying with Law 19/2013 even before it enters into force, thus becoming a model for transparency management within the context of the Administrations and Constitutional Bodies of the State.

FOUR: Transparency International Spain (hereinafter TIE) is an Association constituted under Organic Law 1/2002 of 22 March and complementary regulations. It is a not-for-profit organisation that has legal personality and full capacity to act.

One of the objectives of TIE is to implement procedures to foster, in a permanent and continuous manner, an increasing level of disclosure and openness of the information that the Spanish public institutions produce for the knowledge of the citizens.

The CGPJ can actively collaborate with TIE in achieving this objective.

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In view of the above, the signatory parties of the present Agreement

HEREBY AGREE

ONE: Purpose.

The purpose of this Agreement is for the CGPJ and TIE to collaborate in working towards the common aim of achieving greater transparency in the workings of the public authorities and to ensure compliance with the principal of accountability.

TWO: Commitments of the CGPJ.

By signing this Agreement, the CGPJ undertakes to endow itself with a transparency policy which conforms to national and international standards.

In particular, the CGPJ undertakes immediately to fulfil, in all cases, the obligations concerning active publicity foreseen by Law 19/2013 before its entry into force, and to the extent where it is not already published and/or included in the obligations established by the aforementioned law, to create and publicise in a clear, comprehensible and reusable manner, where its nature allows, all information outlined in Annex 1 of this Agreement, and to comply with the aforementioned Annex before 31 December 2014.

The list of indicators provided in Annex 1 of this Agreement may be subject to annual updates depending on advancements made relating to matters of transparency and good governance in regulations and in national and international practices.

The CGPJ also undertakes to collaborate with TIE in research activities and knowledge generation concerning corruption and open government in Spain. To this effect, the CGPJ shall make public and keep updated a data repository on crimes relating to corruption, and shall carry out opinion polls on the attitudes and perceptions of the appropriate legal professionals in matters of transparency and corruption.

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THREE: Commitments of TIE.

By virtue of this Agreement, TIE undertakes to collaborate with the CGPJ in the effective fulfilment of the obligations that this Constitutional Body assumes in matters of transparency.

In line with this, TIE undertakes to advise the CGPJ in designing transparency, accountability and good governance programmes within the scope of the Council's competencies. This advice shall be implemented via the participation of work meetings convened for such purposes by the CGPJ or TIE, within a framework of confidentiality and good faith.

Thus TIE, in collaboration with the CGPJ, shall update the areas of information listed in Annex 1 of this Agreement and shall set the indicators that it may deem necessary for monitoring and controlling the activities carried out in matters of transparency, access to public information and good governance.

Finally, TIE shall evaluate, on a yearly basis, the extent to which the CGPJ has complied with the commitments outlined above, modifying and/or expanding, as appropriate, the content concerning active publicity and related indicators.

FOUR: The Monitoring and Control Committee.

For monitoring the execution of this Agreement, a committee is established that shall be comprised, on behalf of the CGPJ, of: Ms María del Mar Cabrejas Guijarro and Mr José Luis Terrero Chacón; and, on behalf of TIE, of: Mr Jesús Lizcano Alvarez and Mr Manuel Villoría Mendieta.

The committee shall meet at least twice a year and as many times as necessary for the proper implementation of the Agreement.

The monitoring committee shall be responsible for ensuring proper compliance with the Agreement, taking any action that may be necessary for its implementation and execution.

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FIVE: Effects of the Agreement.

This Collaboration Agreement shall be valid for two years from the day on which it is signed, and may be extended after this time via the express agreement of both parties for a period of equal length. Either of the signatory parties may provide express notice of the termination of the Agreement while it is in force.

SIX: Data protection.

The fulfilment of the obligations of this Agreement shall be adapted to the requirements of Organic Law 15/1999 of 13 December, on the Protection of Personal Data, in matters concerning the confidentiality of information and results, applying measures of a technical, administrative, IT and organisational nature that may be necessary in order to comply with legal requisites and, in particular, guaranteeing the security and integrity of the data and the protection thereof from unauthorised access, alteration, loss or processing.

SEVEN: Funding.

This Agreement shall not entail a financial consideration of any kind between the parties. Both parties shall bear the costs of their respective activities.

EIGHT: Nature.

This Agreement is excluded from the scope of Legislative Royal Decree 3/2011 of 14 November, approving the Rewritten Text of the Law on Public Sector Contracts.

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In conformity with everything expressed above, and in exercising the powers that the signatories hold, they undersign this Agreement at the place and on the date indicated in the heading.

General Council of the Judiciary, Transparency International Spain

Signed: Carlos Lesmes Serrano Signed: Jesús Lizcano Alvarez

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ANNEX I

In accordance with the stipulations of clause two of the Agreement, the CGPJ undertakes, to the extent where it is not already published and/or included in the obligations established by Law 19/2013, to create and publicise in a clear, comprehensible and reusable manner, the information corresponding to the following aspects of its functioning:

A) THE ACTIVITIES OF THE COUNCIL.

1. The Agenda of the Institution: The activities of the Committees, working groups and delegated assignments (senior officials may publish their activities relating to the responsibilities assigned to them in the Council). 2. Agendas and agreements of the Plenary Session and of the various Legal Commissions (personal data shall be made anonymous). 3. Discretionary appointments for judicial posts: publication of the standardised CVs of the candidates. Interviews shall be made public. Grounds for the shortlisting of the final three candidates and final appointment. 4. Extension to the judicial profession and/or other groups that may be affected by the preliminary hearing procedure when creating regulatory provisions of the Council. 5. Notification of potentially concerned groups, through the opening of a preliminary hearing, in procedures for the drawing up of draft law reports and general provisions by the Government, except where the groups in question have already issued an official report or have participated, in an express and significant manner, in the process of establishing the regulation. 6. Statistical information regarding the degree of satisfaction, fulfilment and quality of the various services rendered by the Institution.

B) INFORMATION ON AGREEMENTS, CONTRACTS AND BUDGETARY ACTIVITY. FINANCIAL CONTROL.

7. Assigning management operations and competencies of a financial nature to subordinate bodies.

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8. Contractual activity. Minutes of the contracting boards and contracts signed. Extensions of contracts. Important occurrences when implementing contracts. 9. Agreements. Particularly Agreements that entail financial obligations for the CGPJ shall be made public. 10. Subsidies. Measures for expenditure control of the subsidies awarded. 11. Budgeting and detailed monitoring of the budget, by using comprehensible information on the destination of the expenditure and the implementation levels. 12. Explanation of the expenditure management system of the CGPJ in relation to ceremonial activities and senior officials' travel expenses. Claims for the services of the senior officials and costs of representing them. 13. National Audit Office reports and any other information regarding the external auditing of the Institution.

C) INFORMATION ON SENIOR OFFICIALS AND STAFF OF THE CGPJ.

14. Personal record of each of the senior officials of the CGPJ, including photograph, brief CV, email and contact telephone number, identity of his/her Secretary and location of his/her office at the CGPJ. Salary. Payments they could receive upon leaving their position. In the case of senior officials managing the economic interests of the Institution, a concise list of the financial value of the assets they currently hold. Casual labour directly assigned to senior officials.

15. List of Employment Positions at the CGPJ. Indication of the salary of each type of post. Amount of payments made for the service received by the directors responsible for each department.

16. Activities that public servants of the CGPJ may carry out which are not included in their employment position.

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