COUNCIL OF EUROPE- EUROPEAN COMMITTEE ON LEGAL CO-OPERATION (CDCJ)

Draft Recommendation of the Committee of Ministers to Member States on the legal regulation of lobbying activities in the context of public decision-making.

Definitions

For the purposes of this recommendation and its principles:

a) "Lobbying" means promoting specific interests by communication with a public official as part of a structured and organized action aimed at influencing public decision-making.

b) "Lobbyists" means any natural or legal person who engages in lobbying activities.

c) "Public decision-making" means decision-making within the legislative and executive branches, whether at national, regional or local level.

d) "Public officials" means any person exercising a public function, whether elected, employed or otherwise in the legislative or the executive branches.

e) "Legal regulation" means statutory regulation, a system of self-regulation or a combination of both.

A. Objective

1. Legal regulation of lobbying should promote the transparency of lobbying activities.

B. Scope

2. Lobbying activities by at least the following categories should be subject to legal regulation:

a. Consultant lobbyists acting on behalf of a third party;

b. In-house lobbyists acting on behalf of their employer;

c. Organisations or bodies representing professional or other sectoral interests.

3. Exemptions of the legal regulation of lobbying should be clearly defined and justified.

C. Freedom of expression, political activities and participation in public life

4. Legal regulation of lobbying should not in any form or manner whatsoever infringe the democratic right of individuals:

a. to express their opinions and petition public officials, bodies and institutions, whether individually or collectively;

b. to campaign for political change and change in legislation, policy or practice within the framework of legitimate political activities.

D. Transparency

5. Information on lobbying activities in the context of public  decision-making processes should be disclosed.

6. The rules on disclosure should be proportionate to the importance of the subject matter of the public decision-making and should reflect constitutional guarantees.

E. Public registers of lobbyists

7. A register of lobbyists should be maintained by public authorities.

8. Information held in the register should be of a declaratory character. Lobbyists should be responsible for ensuring the information is accurate and up to date.

9. The register should be easily accessible and user-friendly. It should be available online with easy to use search facilities, open to the public and consultation should be free of charge.

10. The processing of personal data from the register should comply with applicable standards on personal data protection.

11. Information held in the register should include as a minimum:

a. Lobbyist identification and contact data;

b. The fields of activity and interests represented or promoted by the lobbyist, and, where applicable, the identity of clients or employer.

12. In order to further promote transparency, registers might include additional information in accordance with national conditions and requirements.

13. In the case where a member State can demonstrate that alternative mechanisms guarantee public access to information on lobbying activities and ensure equivalent levels of accessibility adn transparency, it may be considered that the requirement for a public register is satisfied.

F. Standards on ethical behaviour for lobbyists

14. Lobbyists should be guided by the principles of openness, transparency, honesty and integrity. In particular, they should be expected to:

a. Provide accurate and correct information on the lobbying assignment to the targeted public official;

b. Act honestly and in good faith to the lobbying assignment and in all contacts with public odfficials;

c. Refrain from undue and improper influence over public officials and the public decision-making process;

d. Avoid conflicts of interest

G. Sanctions

15. Legal regulation of lobbying should contain sanctions for non-compliance. These sanctions should be effective, proportionate and dissuasive.

H. Standards on ethical behaviour for public officials

16. Appropriate measures tailored to national circumstances should complement the legal regulation of lobbying in order to avoid risks to public sector integrity that may be created by lobbying activities.

17. These measures may include:

a. "Cooling-off" periods that establish a period of time that has to elapse before either a public official may become a lobbyist after laeving public employment or office, or a lobbyist may become a public official after ceasing his or her lobbying activities;

b. Guidance to public officials on their relations with lobbyists, including:

- How to respond to communications from lobbyists;

- Reporting violations of the legal regulation of lobbying activities;

- Disclosing conflicts of interest;

- Refusing or disclosing the receipt of gifts and hospitality offered by a lobbyist.

I. Oversight, advice and awareness

18. Oversight of the regulations on lobbying activities should be entrusted to designated public authorities.

19. Oversight may include the following tasks:

a. Monitoring compliance with the regulations;

b. Providing guidance to lobbyists and public officials on the application of the regulations;

c. Raising awareness among lobbyists, public officials and the public.

J. Review

20. The framework for the legal regulation of lobbying activities should de kept under review.

Before finalising the preparation of the future legal instrument, the CDCJ is organising a wide consultation on the draft recommendation of the Committee of Ministers to member states on the legal regulation of lobbying activities. This consultation involves key actors among civil society, business and public bodies in the development process of the future legal instrument. Deadline for contributions on the draft recommendation is 29 April, 2016.   

The CDCJ will finalise the draft recommendation in light of the observations arising from this consultation.  Once approved by CDCJ plenary meeting the text will be submitted to the Committee of Ministers for adoption.