ROMANIA WITH OR WITHOUT A LOBBYING LAW

A Survey conducted by Forum for International Communications and published in January 2012 by Authors  Dr. Dana Oancea Liviu, Mihăileanu and Aurelian Horja in a report entitled ‘Lobbying in Romania’ reveals the following:

Regulating lobbying by law is one of the most controversial discussions in Romania. Until now mainly specialized lobbying companies and employers organizations have had a louder voice and fought the issuing of a law which would regulate lobbying.

Politicians tend to avoid the subject. On the one hand they fear the association with certain persons susceptible of corruption that claim to conduct lobbying activities, and on the other hand they believe that having such activity non-regulated reflects the views of both the population and the organizations conducting such activities.

43% of the people questioned (urban public) don’t know what to answer when asked about the public disclosure of lobbying activities; 34% answered nevertheless that disclosing these activities should be a legal obligation, this being the strongest opinion among the respondents; 18% declared that this disclosure must be voluntary while 5% answered that disclosure is not necessary at all.

In the opinion of the population, the main fault for not having a law regulating lobbying activities lies with politicians (43%), followed by civil society (7%) and companies specializing in lobby activities (6%).

82% of companies, 100% of NGOS, and 100% of politicians declared that lobbying needs to be regulated by law, which contradicts the assumption that no regulation of this activity is desired.

Regarding the motivation to issue a law concerning lobbying activities the general opinion shared by the population, companies, NGOs and politicians is that it would serve to reduce corruption in decision-making followed by the advantages of having standard compulsory declaration for all lobbyists that would create a level playing field and a greater protection against opaque competition activities.

For the population to know who and for what is lobbying being conducted represents the second motivation for having a law in this field, right after diminishing corruption in decision-making activities. Contrary to policians’ fears concerning public opinion, 88% of the population considers lobbying to be legal and only 12% to be illegal.

Furthermore, also new (and relatively surprising) is the answer to the question ‘Who do you think should render such activities more transparent? 82% wish for both lobbyists and public authorities to become more transparent in their activities, which contradicts the statements that the population wants transparency only from public authorities.

Between 60 and 70% of companies, NGOs and politicians and the public consider that a voluntary lobbying register would not have the same effects as a legal obligation for all lobbyists to declare their activities. Assuming the existence of a Voluntary Register, 32% of the companies and 24% of NGOs would never consider registering their lobbying activities, arguing that this would take too much time and money; 32% of companies and 28% of NGOs would need to spend between one day and one week per year for reporting their activity, 48% of NGOs would agree to disclose all activities, regardless of the time and money it requires and 36% of companies say they would do the same.

Summary

Concerning a  lobbying law, one of the most controversial problems (at least in the media and statements made by some companies) the results of this survey is surprising against the initial premise that this regulation is not desired by anyone. The results totally dismantle this myth: 82% of companies, 100% of NGOs and 100% of politicians declared that lobbying must be legally regulated. The majority of the population is also favorable to the existence of a law over this activity to enforce disclosure of lobbying activities.

The alternative of a Voluntary Register of lobbying activities is not accepted, with 60 to 70% of companies, NGOs, politicians and the public opinion considering that a voluntary register wouldn’t have the same effects as the legal obligation of lobbyists to disclosure their activities.

The research also revealed another surprise: 82% of ‘vox populi’ respondents wish that both lobbyists and authorities become more transparent concerning their activities. This results contradicts the affirmation that the population wishes transparency only from public authorities.