MEMBER STATES SELF-REGULATION OF LOBBYING

There are 8 Member States that have self-regulation mechanisms of lobbying: Croatia, Czech Republic, Denmark, Finland, Latvia, Romania, Spain and Sweden. These were set up by the public affairs communities to promote the transparency of lobbying.

CROATIA

Specific legislation on lobbying: No statutory rules

Code of conduct for lobbyists: The members of the Croatian Society of Lobbyists sign the Code of Conduct upon registration. Registration requires an annual fee of 200 Euro.

 A register for lobbyists: Self- regulation Croatian Society of Lobbyists (CSL) established in June 2008, provides a voluntary register for professionals in the public affairs/ consultancy sector (67 individual members, and one legal person as a member).

Ongoing discussions: HDL is pushing for introduction of lobby regulation. In the Fall of 2015, a formal partnership was formed between Transparency International Croatia and The Croatian Society of Lobbyists, to use mutual efforts in promoting lobbying transparency in Croatia.

CZECH REPUBLIC
 

Specific legislation on lobbying: The Government stopped preparation of Act on Lobbying 15.01.2013, due to inability to find a compromise on scope and coverage of the Act. Internal rules of procedure may be adopted instead of a legislative act.

Code of conduct for lobbyists: Self- regulation Czech Lobbying Association, 2012, has adopted a Code of Conduct

 A register for lobbyists: No

Mandatory/ Voluntary: Voluntary code of ethics to help elected officials in their relationship with interest groups, introduced in 2005

Ongoing discussions: Discussion of lobby regulation appeared in programme of the coalition government in 2006. Submission of a bill by the Socialist MPs Bohuslav Sobotka and Jeroným Tejc in May 2009 was rejected.Three failed attempts to regulate lobbying since 2004. Considerable pressure from NGOs on anti-corruption measures generally.

DENMARK

Specific legislation on lobbying: Although introduction of a lobby register is often discussed in the public arena, there are no plans to do so currently.

Code of conduct for lobbyists: Self- regulation. Danish PR association (Public Relations Foreningen) has established an ethical code.

A register for lobbyists. In Oct 2012 MPs were given possibility to register contacts with lobbyists, organisations, businesses etc. under a specific category in the voluntary register of financial interests. Several MPs found it excessively burdensome to record such contacts and difficult to determine which were significant. The system was abandoned shortly afterwards. Instead, MPs now have a link on the parliamentary website to personal or party websites where they describe contacts with lobbyists on a voluntary basis.

Mandatory/ Voluntary: Voluntary

Access to Parliament buildings and other incentives: Parliament committees are often in contact with citizens, interest groups, researchers, experts etc. Interest groups and others may attend committee meetings and express opinions about issues or Bills on the agenda. Committees also receive written opinions and inquiries, which are distributed to all committee members and registered as committee documents (deputations from individuals, organisations, associations, etc. on specific legislation). A deputation may also be granted an audience to discuss a subject of a more general nature within a committee’s remit.

Body responsible: None

Sanctions & Enforcement: None

Ongoing discussions: For the time being, there are no such discussions.

Related rules: The names of interest groups or persons who are granted an audience with Standing Committees of Folketing are recorded in minutes of meetings and working documents, which are submitted to the committee and registered, as well as being made available on the Parliament website. Requests for audiences with the committees are also published on the website (LEGISLATIVE FOOTPRINT)

FINLAND

Specific legislation on lobbying: No statutory rules

Code of conduct for lobbyists: Self regulation most public affairs organisations and PR agencies have their own codes. Also the Finnish Association of Marketing Communication Agencies, Procom, the Finnish Association of Communication Professionals as well as the professional lobbyist association

A register for lobbyists: No

Access to Parliament buildings and other incentives: Lobbyists are given daily access badges and are not allowed to be in Parliament buildings unaccompanied; however they can be invited to the Members' offices.

Ongoing discussions: The Standing Advisory Committee on matters pertaining to civil servant’s ethics has given recommendations on cooling off periods for senior politicians in post-government employment. Introducing legislation to regulate lobbying and a register for lobbyists has been discussed, but so far rejected (for instance by the Government Committee on Ethics of State Civil Servants in 2014). Voluntary registers are upheld e.g. by ProCom and at the moment some 40 MPs are, in cooperation with the Finnish Broadcasting Company, keeping a “diary” on lobbyists they have met.

Related rules: Rule 37 of the Rules of Procedure of Eduskunta, representatives of public and private interests (e.g. trade unions and employers' organisations) or experts may be heard by parliamentary committees in the preparatory stages of drafting legislation. The names of experts heard in parliamentary committees and the organizations they represent is public. After the submission of a committee report or statement, written statements submitted to committees are also public. LEGISLATIVE FOOTPRINT

LATVIA
 

Specific legislation on lobbying: No statutory rules

Code of conduct for lobbyists: Self- regulation Latvian lobbying companies founded an association in 2012 as well as adopted an ethical code (Latvian Lobbying Association, 2012).

A register for lobbyists : No

Access to Parliament buildings and other incentives: The Ministry of Environment Protection and Regional Development and several other agencies publish online basic information on contacts with lobbyists, based on internal codes of ethics

Ongoing discussions: Latvia rejected a draft Law on Transparency of Lobbying submitted to the Government for approval in December 2013. The bill was drafted by the Corruption Prevention and Combating Bureau (KNAB) including a very wide scope. A draft law has been under discussion since 2012.

Related rules: Annotations accompanying draft legislation provide information about consultations held (LEGISLATIVE FOOTPRINT)

ROMANIA

Specific legislation on lobbying: No statutory rules

Code of conduct for lobbyists: Self Regulation Romanian Lobbying Association (RLRA) set up a voluntary system of registration in 2010 with an ethics code for all members of the association

A register for lobbyists: RLRA has setup a Romanian Transparency Register for its members, which is accessible to the public

Access to Parliament buildings and other incentives: Chamber of Deputies puts at the disposal of the non-profit civil society organizations legally established and interested in the legislative activity of the standing committees of the Chamber of Deputies a procedure for their online registration in a public database giving to the interested organizations the chance to participate directly in the consultation process and to be able to offer their expertise in different domains. The Bureau of each Committee may invite representatives of civil society, owners’ associations, vocational associations or trade unions to participate to the sittings of the relevant Committee.

References: EU Transparency Register

Ongoing discussions: Two bills debated in 2011 on possible regulation, and a draft law also discussed in 2014.

Related rules: Rules on conflicts of interest and incompatibilities applicable to public officials

SPAIN

Specific legislation on lobbying: Lobbying is not regulated in Spain, but a parliamentary majority in February 2014 made a committment to introduce lobbying regulation.

Code of conduct for lobbyists: Self regulation APRI (Asociacion de profesionales de las relacio institucional) has adopted a code of conduct for its members in the sector, and is pushing for regulation.

A register for lobbyists: No, although in June 2013 the government announced plans to introduce a voluntary register for Parliament, with no follow up action because of lack of majority agreement on scope of coverage.

Mandatory/ Voluntary: The proposal of the government is a voluntary register, similar to the one of the EU Scope of coverage The parliamentary debate about the scope of coverage is still open.

References: EU Transparency Register

Ongoing discussions: In February 2014, Parliament adopted a resolution on a wide range of anti-corruption measures, referring to needed improvements to the bill on transparency and good governance; measures for regulating lobbying; improvements in the asset disclosure system for elected officials etc.

Related rules: Ley de Transparencia, Acceso a la Informacion y Buen Gobierno Ley 19/2013, de 9 de Diciembre 2013, expands and strengthens transparency of public activities, recognises the right to access to information, and provides good governance obligations for public officials, including corresponding sanctions.

SWEDEN
 

Specific legislation on lobbying: No statutory rules

Code of conduct for lobbyists: Self regulation - many public affairs organisations produce their own codes. Since 2005, the Swedish Association of Communication Professionals operates under a self-regulatory ethical code called ‘Professional Standards of the Swedish Public Relations

A register for lobbyists: No

Sanctions & Enforcement:  No

Ongoing discussions: The issue of introducing legislation to regulate lobbying has been discussed in a couple of Swedish Governmental Official Reports (SGOR). The issue discussed most has been whether to set up a register of all lobbyists. SGOR recommended against adopting legislation because it might create an "exclusive" group, access to Members should not be limited for reasons of free speech and the principle of democracy. Also questions about the practical aspects of implementation. Swedish Parliament (in April 2013) rejected a motion with a proposal to set up a register of lobbyists, referring to the conclusions in the above mentioned SGOR.