EL DERECHO DE ACCESO A LA INFORMACIÓN PÚBLICA EN LA JURISPRUDENCIA DEL TEDH: UN DERECHO INSTRUMENTAL IMPRESCINDIBLE PARA LA EFICACIA DEL CONVENIO DESDE LA TEORÍA GENERAL DE LOS DERECHOS

The debate on the recognition of the right of access to public information in the ECHR has dealt mainly with art. 10 ECHR. This has been reinforced by the last ECtHR ruling Magyar Helsinki Bizottsag v. Hungary (2016) that has been declared in the case law of the ECtHR since 2006, but highlighting its instrumental nature. However, this approach covers only one part, the main one, of the scope that protects the right of access to public information. Without paying attention to other rights pointed out in the ECHR jurisprudence through which access to public information has become effective, such as art. 8 ECHR and art. 6.1 ECHR, also instrumentally, the definition of this important right would be unfinished. Therefore, through the general theory of fundamental rights, the constitutive elements of a fundamental right without explicit recognition in the text of the ECHR but very present in the jurisprudence of the ECHR are reconstructed.