SPECIFIC LEGISLATION ON LOBBYING IN THE EU MEMBER STATES

Austria: The Austrian Bundesrat passed "Transparenzpaket" (Transparency package) on 28.06.2012, which took effect on 1 January 2013. This package comprises a series of transparency-related laws, among them the so called "LobbyG" regulating lobbying and interest representation and introducing a register. The transparency package was drafted under high political and public pressure and there was little time for expert debates. While the transparency package received general appreciation by the public and by academic experts, the pace of drafting and the lack of clarity of many provisions have been criticised since. The law has not yet been revised since its implementation in 2013.

Belgium: No statutory rules. Recommendation n° 2 of the Compliance Report of GRECO of 28 March 2014 under the 4th Evaluation Round: “GRECO recommends that rules should be introduced for Members of Parliament on how to engage in relations with lobbyists and other third parties seeking to influence the parliamentary process.” The House of Representatives and the Senate have since 25 May 2014 a Code of Deontology appended to their Rules of Procedure. The Codes deal, among other things, with conflicts of interests.

Bulgaria: No statutory rules. Continued debates on possible introduction of a register. Four bills were introduced in 2008 alone. MPs from the competent parliamentary committees of the National Assembly are discussing the eventual preparation of a bill to regulate lobbying.

Croatia: No statutory rules. 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.

Cyprus: No statutory rules. Lobby groups may be invited to express opinions on particular issues in committee meetings, although it remains to the discretion of the chairman and the members of parliamentary committees to adopt or reject opinions expressed by interest groups.

Czech Republic: 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 legislatory act. 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 : Although introduction of a lobby register is often discussed in the public arena, there are no plans to do so currently. 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)

Estonia: No statutory rules. No statutory rules although open-ended promise (2013) by the Ministry of Justice to work on finding the most appropriate system of regulation of lobbying in Estonia. Discussions in 2012 on how to regulate lobbying . On 10.10.12 Justice Minister Kristen Michal presented the 'good practice of lobbying rules' and proposed regulation on lobbying with no follow up. Prime Minister Andrus Ansip, in May 2013, expressed support for lobby regulation on the basis of the US example in order to make the policy process more transparent. Rules on the drafting of legislation provide certain transparency conditions: Cabinet Rules of the normative technique of drafts of legislative acts, Parliament Rules for draft legislation in the legislative proceedings. Parliamentary work is ongoing to address GRECO’s recommendation to develop and enforce a code of conduct for Members of Parliament, including restrictions on their activities after leaving office.

Finland: No statutory rules. 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. 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.

France : Strengthening and update of Rules of Procedure of the National Assembly relative to interest representatives, implemented on 1 Jan 2014. The Senate adopted internal rules relative to interest representatives' activities on 7.10.2009. New obligation to publish list of organisations heard in conjunction with a legislative report (Legislative Footprint) applicable as of 1 Jan 2014. On 28 November 2014 a resolution was passed in the Assemblée to update the Rules of Procedure , to provide a role for the "deontologue" to intervene in terms of content of the register. In January 2016, the Finance Minister of France announced the creation of mandatory national register of lobbyists. "La Haute Autorité pour la transparence de la vie publique" created end 2013 to oversee new financial declaration requirements made on ministers and members of the French Assembly + Senate. New stricter rules on access for "collaborateurs" of elected representatives.

Germany: German Bundestag was the first Parliament in EU to adopt specific rules for the registration of interest representatives in 1972 (Annex 2 to its Rules of Procedure). There have been several proposals to strengthen the rules, but no follow up, so far. During the 17th legislature of the Bundestag (2009-2013), there were several parliamentary initiatives towards improved transparency of interaction of politicians with stakeholders. In specific bills the groups of the SPD (Social Democrats), DIE LINKE. (The Left) and Bündnis 90/DIE GRÜNEN (Alliance 90/The Greens) called for a mandatory public lobby register. The bills were rejected in 2013. In November 2014 press reported preparation of a comparable bill to be tabled at the Bundestag by group of DIE LINKE. (The Left). In October 2015, an article was published demanding an explanation about a lot more current access cards in use than actual employees in the Bundestag. The article triggered a reaction from the Bundestag: it stopped issuing access cards to lobbyists. Joint Rules of Procedure of the Federal Ministries (GGO) in preparation of legislation and draft regulations outlining arrangements for the participation of organisations and professionals (see in particular § 41, § 44, paragraph 3 and 5, § § 47 paragraph 3 and 74 paragraph 5).

Greece: No statutory rules. Statute Law 3126/2003 on Criminal responsibility of ministers. Members of Parliament are subject to self-regulation under the principals set out by the Constitution and the Standing Orders of the Hellenic Parliament. The Civil Service Code sets out the basic values and principles which civil servants should follow in performing their duties.

Hungary: No statutory rules. Lobbying regulation was abandoned by the government and replaced by Act CXXXI of 2010 On Public Participation in Developing Legislation, which came into force in January 2011. Government pleaded that the system did not contain dissuasive sanctions and had little impact in practice -internet consultations on draft bills is a more effective method; details regarding whom the government consulted once draft is complete are then posted on the internet. The Government decree on the system of integrity management within public administration issued in 2013 obliges public servants to ask prior permission from their hierarchy to meet lobbyists and to also report back on the contacts or outcome of meetings. There is no mechanism in place targeting the monitoring of the implementation of these obligations

Ireland: The Registration of Lobbying Bill 2014 was published on Friday 20 June 2014.The passage of the Bill through the Houses took place in October 2014. Lobbying register implemented and launched on May 1st 2015 - trial period. Mandatory registrations began on September 1st 2015. Bill initially introduced in Spring 2012. Public consultation made in 2013. A review of the legislation is foreseen one year after its commencement (i.e 2016). Bill also provides for applications to the Registrar to approve lobbying during a 1 year cooling off period for all former public officials seeking to lobby in areas which they previously worked in. Under the Ethics in Public Office Act, 1995 TDs, Senators and civil and other public servants are expected to declare financial and other interests including any remunerated position as lobbyist, consultant and so on. Similar provisions apply under Part 15 of the Local Government Act, 2001 to local government employees and councillors.

Italy: No national statutory rules, only diverse systems at regional level. More than 50 bills having been introduced to parliament since 1945 on regulating lobbying. On 30 July 2014 the standing committee on Constitutional Affairs of the Senate started examination of draft regulation on lobbying. The Italian Ministry for Agriculture (under Minister Cantana) introduced an embryonic lobbying regulation in February 2012, but no implementation so far. Tuscany (Regional Law n. 5/2002), Molise (R. L. 24/2004) and Abruzzo (R. L. 61/2010).

Latvia: No statutory rules. 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. Annotations accompanying draft legislation provide information about consultations held (Legislative Footprint)

Lithuania: Regulation came into force 2001 - Law on Lobbying Activity (LLA), amended in 2003. Covers legislative acts irrespective of branch or level of government. In the development of Lithuanian lobbying regulation, an indirect but notable role was played by EU accession negotiations. Cooling off period of one year included for politicians leaving office. The following shall be prohibited from being a client of lobbying activities: 1. a state politician; 2. a state official, civil servant or judge; 3. state and municipal institutions or establishments; 4. state or municipal enterprises

Luxembourg: No statutory rules. Loi du 1er avril 1979 sur le statut de la fonction publique — refers to the principles of neutrality and impartiality of public officials.

Malta: No statutory rules. A code of ethics requires Members of the House of Representatives to declare connections with persons that have a direct interest in legislation before the House

Netherlands: There (still) is no specific legislation on lobbying. A lobby registry was introduced however on July 1, 2012 (as part of rules of procedure) applicable to the Dutch House of Representatives only. The Senate has no regulations in the rules of procedure nor a code of conduct for lobbyists. Internal (staff) discussions on drafting an update to rules, in order to introduce a similar system to TR. Final draft to be presented to Tweedekamer's Presidium (no deadline).

Poland: Act on Legislative and Regulatory Lobbying passed by Sejm in July 2005, which came into force on 7 March 2006 (after very topical corruption cases + parliamentary investigative committees). The Act promotes transparency in the law-making process and was amended in 2011. Extensive discussions on the need to amend the regulation, notably to reduce the ways in which it may be circumvented. In 2010, the Prime Minister’s Chancellery published a detailed analysis recommending improvements in the process of drafting legislation. Public authorities (but not individual parliamentarians) have to publish in the Public Information Bulletin, all current information on professional lobbying activities aimed at them (Legislative Footprint).

Portugal: No statutory rules. The Committee for Ethics, Citizenship and Communication organised a public debate on lobbying in July 2013. No bills have been presented in connection with this issue. The Government (a coalition of Social Democrats and Christian Democrats), with the next October 2015 elections in mind, decided to prepare a new legal framework on transparency, to be presented in June and aiming to fight corruption. And, of course, under the “umbrella” of transparency, the regulation of lobbying/public affairs is going to be one of its main cornerstones.

Romania: No statutory rules. Two bills debated in 2011 on possible regulation, and a draft law also discussed in 2014. Rules on conflicts of interest and incompatibilities applicable to public officials.

Slovakia: No statutory rules. During current election term (2012-2016) two draft bills on lobbying were submitted, although neither of them were approved. Constitutional Act on the Protection of Public Interest in the Performance of Offices by Public Officials No. 357/2004, as amended by Constitutional Act No. 545/2005

Slovenia: Lobbying activities are regulated in the Integrity and Prevention of Corruption Act. Legislative changes in 2010 and 2011 focused on integrity and prevention of corrupt practices, conflicts of interest, transparency of lobbying, whistleblower protection, public procurement, criminal law provisions and criminal procedure. Implementation of rules on lobbying is still insufficient and more needs to be done to raise awareness. The CPC has noted that its resources are too limited to be able to carry out a thorough and systematic check of all lobbying activities. The Commission has prepared as for the civil servants and officials a procedural guide - instructions on how to proceed when they meet a lobbyist. Contacts with lobbyists are listed on the website, on an annual basis according to state body.

Spain: Lobbying is not regulated in Spain, but a parliamentary majority in February 2014 made a committment to introduce lobbying regulation. 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. 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: No statutory rules. 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 abot 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.

United Kingdom: The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act, 30 January 2014. A consultation was held (Sep-Oct 2014) on technical aspects of the register (i.e. costs and adminstration related to registration) . - In July 2015, following the closure of the UK Public Affairs Council (UKPAC), the CIPR launched the UK Lobbying Register (UKLR), a new universal voluntary lobbying register available to all professionals engaged in lobbying within the UK. The register aims to complement the Government’s transparency initiatives – which include the quarterly publication of details of ministers and permanent secretaries’ meetings with organisations – and the industry’s existing self-regulatory regime.The bill in part 2 covers party financing for elections, and part 3 trade unions.