Lobbying in Romania

HLS, Spring 2014Professor CarlsonSarah Musaev

Lobbying in Romania"Ten people who speak make more noise than ten thousand who are silent." Napoleon Bonaparte

American University of ParisSenior Thesis- History, Law and SocietyProfessor Carlson- Spring 2014

Table of ContentsAbstractIntroduction.Chapter 1Chapter 2Conclusions.

Lobbying in Romania

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Abstract

Following the 2007 Romanian accession to the EU, the country was required to change fundamental legislative aspects to abide by EU sanctions. The primary concern of this thesis is to underline its lack of efforts to adhere to the EU parliaments rules of procedure in relation to Lobbying and Transparency. In comparison to its neighboring post-communist countries, Romania seems to struggle adopting an effective, legislative structure for these practices. By analyzing the effects of such regulations in the countries in the region (i.e. Hungary, Poland, as well as Moldova, who recently regulated the conduct of these activities), it is safe to assume that it is a necessary measure that the Romanian Government must take seriously. Is the current Romanian political environment and society prepared for a discussion regarding an implementation of lobbying regulations? And if so, how should it be implemented?

Introduction:The idea of this study appeared, in principle, on a highly paradoxical yet simple premise: why do we know so little about the lobby phenomenon, despite the fact that it is extremely widespread practice? In essence, lobbying can affect the daily work of anyone and every one of us. When we advocate for personal interest, when trying to convince or persuade someone in a discussion about our view on specific issues (as being the most appropriate and correct), we can say that we are lobbying. Virtually any action or inaction, pertaining to a particular desire or interest, which aims at finally gaining an advantage or satisfying a need of personal interest, is called "lobbying".In the opinion of many militants and lobbying experts, it is one of the earliest practices or occupations. However, we must realize that lobbying can be used and interpreted in different contexts when attempting to pinpoint a specific definition and explanation. It is more so probable that one cannot yet find a detailed notion of lobby, except as being presented as a practice, profession or business.Analyzing ranging discussions and contexts of the term lobby, we assume that, most times it refers to the action an individual. Lobby = the promotion of an interest. Hence, the negative connotation, as the general perception is that a personal interest always comes in odds with those of the general public. Therefore, the prevailing preference of a minority over those of a majority automatically becomes a negative association. Lobbying by no means, is limited to such a bland interpretation, in the biggest democracies of the Western world; it is institutionalized and regulated as a sophisticated mechanism, a profession, activity, and a field of study. In other words, it is an indispensable element as an indicator of a certain balance and a proper functioning political system. So says, one of the most remarkable and knowledgeable scholars of the lobbying phenomenon, professor Rinus van Schendelen: "A single lobbyist means an offense for good public, while a hundred lobbyists are guarantee of good governance."[footnoteRef:1] [1: Rinus Van Schendelen, Machiavelli in Brussels: The Art of Lobbying the EU, Amsterdam, 2002 ]

We must also keep in mind that, with near and further negotiations of economic integration with the EU and ulterior Romanian political system, one of the basic requirements of the EU institutions will be to perform Lobbying in a just and effective way. However, we must not forget that Brussels is the second capital of the world in relation to the practice of lobbying, yielding only to Washington D.C. Therefore, it will not be sufficient to impartially mention a vague and superficial stance on lobbying discussions, not even just the pure and simple practice, but to know how to apply it in a European spirit, which is sophisticated, detailed and in parts quite delicate. Moreover, this analysis aims to portray the legislative developments (on lobbying) of former communist countries, in comparison with Romania. This demonstrates that: Now that Romania is part of the EU, it must make efforts, to adapt and evolve its legislation to abide by the EU parliaments sanctions.

Chapter 1- A description of the Current situation:In Romania the activity of lobbying, is conducted on a daily basis in the majority of economic actors, NGOs, employers' associations, etc[footnoteRef:2]. The paradox, is the fact that most of the people involved, do not know that they are actually exercising lobby. Accordingly, this activity remains one unknown for most stakeholders who benefit and to use the tools and guidelines of lobbying. To clarify, and to understand things correctly, this scenario happens in any and every state (in one form or another) and is not a negative feature that must be avoided or eliminated. It is simply an indispensable element of democracy. [2: Adrian Moraru, Transparency in Lobbying in Romania, Bucharest, 2011]

Occasionally the term lobby arises in numerous academic institutions, while discussing civil and public functions, but this term is a distorted, or at best, a superficial one. By developing this study, it is vital to highlight that, lobbying is not a means of only a plea for interest, but that it involves a system of actions and extremely vast area of methodological, complex and technical area of thinking.In a relatively large developing state like Romania, where individual interests, come as a primary consideration in the construction of the politico-socio-economic relations, elucidating or lobbying transparency, is all the more necessary and will be expanded below. Again at the risk of repeating myself, the phenomenon of publically pushed interests constitute to the politico-socio-economic relationship is not a characteristic only of Romania. It is an absolutely normal aspect that is present in any state or community on the planet. This becomes problematic only in the event that these interests or exercise leads to interference or impairment of freedoms or rights of others; which is evidently the case for Romania. The intensity or seizure of this impact, varies depending on the size of the state, society, legislature and bureaucratic system. In a state with an organized and well-founded strong economy (but also with a considerably large geographical area), the influence of a decision by a particular interest group has a dramatically large-scale impact, on every aspect of the country (while in the same situation the scenario can escalate and lead to certain consequences). The above scenario does not mean lobbying at all. There is radically different terminology and perspective specifically called traffic of influence, corruption actions and so on. Returning to the current situation, Romania performs lobbying frequently and excessively; has little or no state imposed restrictions. In the absence of monitoring or regulation it is most often perceived by the public eye as traffic of influence (hence the current confusion between these two elements). Throughout this thesis, I will shed light the efforts and legislations (on lobbying) made by Romania in comparison with other countries. In most cases, it has led to a positive economy, profoundly industrialized in standards and social requirements. Whereas, Romania has made a total of 5 attempts to eradicate corruption and implement legislation for transparency and has constantly failed (last attempt in 2009).

Justification/ perspectivesLobbying and the public political sphere is part of the daily reality in Romania. It is practiced in all areas that need intervention/decisions, and influences authoritative state representatives; although, there are no names of those who practice it, nor of those who benefit from it. The extent of its importance is not thoroughly or publically discussed. Whereas, some of the actors involved prefer a current status quo, and attain remarkable profits due to the unclear legal regulations, and framework in which it is conducted. The public perception in Romania is that lobbying is a negative feat, and that this practice is actually illegal. Many understand lobbying as the traffic of influence (peddling), and do not separate illegal practices, from those used transparently and responsibly in the most democratic countries in the world. In the United States of America, lobbying practices are undeniably associated with a genuine democracy-taking place at the highest level, with recognition of all relevant actors in American society. When asked about how they perceive the practice lobby in Romania, the private and public sector, seem to have a divided standpoint on this regard, one pushes for the need to regulate lobbying, while politicians and CEO's refute the idea of an implementation of new norms (Please see appendix 3). Some refuse to recognize these practices and others admit to engaging in lobbying practices, but prefer to call it consulting, PR activities, etc. and consider that there is no need for new regulation in addition to the existing legal framework. While many others do not have a formed opinion about how to practice lobby, constantly confusing definitions based on personal experiences.Thus, a code of ethics in communications between the private actors and government would be a first option, though the effects of this would be quite limited when approaching the root of the problem. Adding a list of precise and thorough amendments to the legal existing framework - could be another option, although it could only tackle the problem of fragmented lobbying practices in Romania. Finally, a third option would be to develop a law on how to treat distinct lobbying practices in Romania, however judging by how many issues should be addressed in this scenario and how much training/discussions must be stirred by in society makes it seem highly unlikely, this third option can be very ambitious in the absence of conditions that will be referred to further. Lobbying practiced in Romania, and its regulations concerning these practices should serve primarily those who wish to enter into a legal framework based on transparency and respect for the rule of law. Any decisions that would be taken, should by no means provide loopholes for big players, becoming a drudgery for those who still acted transparently and responsible. Beyond the law, would be the problem of public acceptance regarding the importance of the subject, including the current context in which they are members of the European family, in which written norms are: law, transparency and integrity. Lobbying in Relation to DemocracyThe connection between the principle of lobbying and democracy is a rather delicate topic, which can be interpreted in different ways. It may have a positive (utility in democracy) or negative understanding (preventing democratic representativeness). A description of both scenarios will be discussed below.European institutions identify lobbyists as: people who frequently enter the premises of Parliament, with intentions of providing their own or third party interest. [footnoteRef:3] This suggests that the practice of lobbying has a beneficial influence over an institutions decision, namely information and documentation on political and bureaucratic structures. What is relevant here, are the European structures; that due to overlapping power status of, political systems and national state institutions, this generates a democratic deficit in the European Union. [3: Wilhem Lehmann, Lobbying in the European Union: Current Rules and Practices, EU Parliament, 2003]

When discussing the democratic deficit in the EU, Greenwood comes to strengthen the same position, arguing that: for political systems to be able to exercise the entire spectrum of tasks and decision, it first needs legitimacy, primarily from subjects and followers. From this perspective, the author completes the idea, that in this situation, interest groups add value, bringing the EU closer to their citizens: "They bring much-needed resources, policy development, implementation of regulations, and to some extent monitor developments to European integration. They help the EU to purchase more political power by advancing Member States' proposals; this assists them in identifying future of the European Union. On the other hand, other authors support the idea, that interest group lobbying is the best tool to eliminate the European Democratic deficit. Many argue that a group's goals are not that transparent; therefore, complicating the factors leading to democracy. By organizing interests, this would successfully reduce the extensively circulated democratic deficit. Details of the EU White Paper on Governance, reflected some weaknesses and gaps relating to transparency representativeness of European interest groups.Lobbying is a completed area of studies in the United States. Lobbying is highly and thoroughly regulated, where both civil society and political actors manifest their interest, and sometimes even political actors confide in interest groups and lobbyists. Moreover, the roots of lobbying practices date back to the beginning of the American bureaucratic system. Thus, lobbying has become a component of democracy and a relevant political factor in the U.S.. With that being said, there is no problem or confusion about identifying lobbying practices, and its compatibility with the principles of democracy.

Examples of positive lobby in Moldova (a comparative approach)Given the legislative practice (or lack thereof) in Romania, is a topic quite difficult to approach, as the positive and negative practices of lobbying do not conform to a specific legal landmark. However, given the experience of its Western neighbors, I strongly support that the relevant constructive lobbying practices, can be held in certain segments of the public sector, where by a specific regulation, the impact on civil society becomes immediately and dramatically visible, where the representatives are consulted and involved directly.A noteworthy piece of legislature, which in many eyes was a step towards, effectively tackling the limitations of lobbying would be the participation of the civil society in decision making. Respectively, Law Nr. 239 implemented on the 13th of November 2008[footnoteRef:4] (in Moldova), regarding transparency in the decision making process, this is a product of the active involvement of civil society. The insistence and initiative, after extensive and subsequent advocacy in lobby activities made it possible to adopt such laws. Moreover, to support this assertion, it is remarkable that the Republic of Moldova is one of the few countries that have a specific regulation in this area. This depicts that the adoption of such legislation is not about the bureaucratic process of legislative actions within a state. It is rather, the product of interference a new and creative take on this mechanism. [4: Republic of Moldova Parliament, Law nr. 239- Transparency in the decision making process, Moldova, 2008]

Another significant realization in Moldovas legislature (that was achieved through lobbying) was ensuring equality between women and men. It is another domain in which would not have been taken into consideration without a push from a certain interest group. This case ensures representativeness and interest involvement of females in the political decision making sphere. Thus, the push and involvement of highly active movements within Moldova ensured an equal opportunity for both genders. On the 9th of February 2006 Law No. 5 [footnoteRef:5]was adopted- on ensuring equality between women and men. On the same note, it is safe to mention that this was a direct result of an extremely intense promotion of interests by gender equality organizations within the civil sector. It was therefore able to promote and successfully shed light on a matter, which led to drafting progressive national policy documents. There are no known cases of positive Lobbying in Romania, as this is a non-transparent matter. [5: Republic of Moldova, Government Decision-No. 933, ensuring gender equality, Moldova, 2009]

Examples of negative lobbying in RomaniaAs I have said repeatedly, it is quite hard to assess lobbying with a positive or negative connotation, in the absence of a regulatory framework, which does not clearly state what lobbying is or its limits. However, based on the logic and practice of other European countries, we can sketch a figure similar to the practices in Romania. Negative cases of lobbying in Romania are plentiful, while many of them are hidden from the public eye. Merely a few will be mentioned below, to better comprehend the severity of this matter. One evident example that can be presented, in this respect, is pharmaceutical market in Romania. It a specific case on which the state took action and all structures and government institutions, which included participation from the Prime Minister. The primary issue in this respect, were the pricing mechanisms of imported medicines, which were extremely defective; the systematic structure of this market was extremely poor but not only because of the providers/operators, but also due to the relevant regulatory bodies involved in this sector.Therefore, in this case we are speaking of a negative lobbying scenario, due to the influence and insistence of self-interested players perpetually avoiding implementation to correct the levers regarding this matter. State officials were bought over, thus favoring certain operators in spite of the detriment bestowed upon the consumer public as a whole. Another recent example in this regard, would be the regulatory price on petroleum products. It was quite a publicized topic in the press in Romania in recent weeks. The key issue in this respect is that, in spite of an existence of competition (in terms of diversity of operators and suppliers of products), the oil on the market (which normally immediately leads to the existence of an optimal price for consumer products and great deals) is a rather interesting case in Romania. Following the creation of a consortium and close partnership (described as, the cartel oilmen) between all economic agents on one hand and civil servants responsible for sector regulation on the other, the imitation was possible due to a monopolistic and biased based structure. Thus, despite the diversity of and suppliers, the final product price was negotiated and agreed by all stakeholders (politicians included), outside the natural rules of the free market, therefore intimidating the fundamental principles of democracy.There are considerably sufficient examples to create an image of the idea provided, although certainly there are numerous examples of political buy offs and lobbying as a form of corruption.

Romanias AttemptsRomania has made overall six regulatory attempts to regulate lobbing, which were all deemed null, due to the gaps and omissions contained in chapters defining: responsibilities, scope of work, etc. The first attempt to regulate this activity was established by the legislative senator in 1996 2000 (Ulm Spineanu). The proposal had been recorded to the Senate as law no. L184. The proposal was overlooked and denied by the Commission for Human Rights and Cults and Minorities; A second proposal was drafted by Serban Constantin and Petre Naidin, assessed from 1996 - 2000, and registered in the Chamber of Deputies. This proposal was closed on February 1st 2001 in accordance with Article 60 paragraph (5) of the Romanian Constitution; A third proposal was submitted by the Members of Parliament in 2000-2004, it was registered at the Chamber of Deputies and was finally rejected on February 17th 2004; The fourth proposal was made by Mr. Octavian Mitu, former deputy in legislature, in 2002-2004. It was filed in the senate and was withdrawn by the author, thanks to the many complaints and objections received from expert committee; A fifth proposal was submitted by Mr. Octavian Mitu, who at this time registered with the Chamber of Deputies. His proposal was yet again rejected definitively by the Chamber of Deputies on February 7th 2005; Finally, the sixth and final proposal occurred in September 23rd 2009, when it publically appeared on the website of The Ministry of Small and Medium Enterprises and Commerce and Business. This initiative was taken by Mr. Constantin Nita, forming a part of a larger package, of measures provided to regulate the activity within that sector. Although this was considered as an improvement, it does contain certain inadmissible and unconstitutional gaps. For instance, the status of the lobbyist is conditional upon the reputation of the spokesperson; whereas the definition of reputation is very subjective and difficult to quantify measure and demonstrate. There are also gaps where he defines lobbying.Romania made two recent attempts, to adopt a draft law on lobbying. Both projects were submitted to the Parliament, during the Basescu Presidency, and both projects were rejected and removed from Parliaments agenda. This proves one thing, the lack of interest within the political class on regulating of this practice. To this day, not much has seemed to change, even 7 years after Romania has been accepted in the EU, it still has not made any attempts to rectify the unbalanced lobbying practices or fight corruption. None have promoted a legislative approach, not even the public pressured and attempted to convince the political class about the need and the advantages this practice can provide.Today we are witnessing a gradual popularization of the word lobbying, but nothing more; when it comes to practice and regulation of this activity nobody shows any concern. When one searched the terms lobbying in Romania, a few articles appear in the press, some scattered interviews though no actual official data.

Chapter 2- Problems and NecessitiesIt is important to note that, lobbying is through essence a sensible practice that requires those involved to practice morality and verticality principles. A true lobbyist, must be able to take responsibility for their actions, possess moral and ethical codes, and last but not least, should not pass legal provisions in the country in which they operate. Either all of these features are both sensitive and subjective; it is very difficult to guarantee compliance with them. Therefore, below is a set model adopted by a particular policy, in order to coordinate activities lobby and exercise its highest advantages. But above all, I identify potential problems and the immediate need to regulate the phenomenon.1. The insufficient transparency within the decision making process.When we speak of transparency and the decision-making aspect, we do not refer to the existing legal framework, but rather the potential future changes. Problems arise at the implementation, monitoring and evaluation stages. When one discusses transparency within a political system, they refer to a collaboration of the two largest sectors within a society: public and private sphere.The key questions that arise in this context are: Is your business compliant with the public sphere? Can a businessman become a politician overnight? If so, does it ensure impartiality to private business? How and how far may a business interfere in the public sphere and vice versa? And so onAll of these questions rise due to one issue: interests. Or, as mentioned above, private interest and the expression of such; this is a key concern in a transparent and democratic society. It needs an impartial and objective approach because taking an interest in decision-making & policy, may lead to beneficial or detrimental aspects that impact society as a whole.2. Monitoring and evaluating business interference & interests, in an extremely weak political system.When referring to the monitoring of the political system, it mainly means the existing regulatory framework (or lack thereof in this case). There is no legal rule that specifies clearly and distinctly how one can interact with private sector activities. There are no rules for implementation, monitoring and enforcement (or penalties) of these interference situations. Citizens are all witnesses to the uncontrollable situation, where the notorious business representatives have access to very high state policy functions. In this context, it is almost impossible to monitor and ensure that all areas of Business will benefit from one receiving political preferential treatment. The government seems to lack any existing legislative instruments to approach matters such as this.An impartial approach is required. One cannot begin, on the premise that thoseBusiness sectors, should not benefit, express or manifest their interests in the public policy sphere. This however must be exercised in a fair, open and non - preferential method. It requires establishing a wide range of rules for this game, operating criteria and limitations.3. Methods of showing the extent of influence, interest groups have (either poorly regulated or unregulated).Given that, the few regulatory maneuvers over civil servants is superficial and insufficient, while regulations on the extent of influence interest groups have, is missing completely. One important thing, is that once discussing this matter one should not be extremely biased. Superficial legislation will not suffice, merely imitating a procedure, which in reality would perpetuate the status quo. Meanwhile, excessive and tedious regulation will risk generating: corruptibility, confusion and chaos.The analysis demonstrates that, the proper legislation and paramount solution for this lays half way. Legislature must be adjusted and fixed based on affinity, features, and principles of each party political system. Therefore, the methods of lobbying practices in the U.S. will not work in Brussels; the practices of Brussels will not work in Romania.

Identifying and stabilizing objectivesGiven the complexity and specificity of this subject, the general objective of this study is to: properly understand the specific objectives and increase the transparency in the decision making process.1. Understanding the necessity to ensure transparency in governance.This aims to ensure a more open policy making design, especially at the legislative level. Decision making implicitly involves, policy development based on the needs, requirements and civil society interests. Addressing this matter is essential, and is absolutely a democratic situation where a decision maker, on behalf of his electorate, aims to promote their respective interests. One can say that it is their overall mission for policymakers.Developing and implementing a legislative act that would guarantee the right to participate and express their opinion in policy. To influence and to participate in the process requires a considerable range of specific knowledge. Due to the complexity of governmental structures, it is often times highly bureaucratized; where members of civil society, with or without the right to publicize their opinions, are virtually bound to exercise that right. Therefore, it is necessary either to develop an engaging mechanism, on the public sectors behalf, to participate in the decision making process, or engage with professionals to do so on their behalf - lobbying.

2. The need to develop a viable system, for monitoring and evaluating the process of interrelation of the public and private sector. Monitoring and evaluation are two essential processes, both interdependent and related. When discussing the monitoring of the public and the private sector, one needs to emphasize the data collection issues occurring during this process, its objectives, and methods for achieving goals. At the same time, the evaluation aims to analyze all data collected in the monitoring process and to provide explanations when certain inconsistencies appear.In a democratic system, the public and private sector, must become two interdependent and indispensable elements in the governance and decision making process. The respective modifications which occur within the private must reflect the interest of the public sphere. While at the same time, the activities within the public sector will always have a direct influence over the private sectors procedure. The principle objective of this is for those modifications to have a constructive and favorable outcome. Therefore, this communication mechanism is deemed essential. Or, that the mission of lobbyists and interest groups, is to inform and aid the public how to proceed with publicizing their interests. 3. The need to strengthen the legal framework, which regulates the conduct of policy makers and civil servants within the policy process.The rules of conduct in the existing framework are very broad and have an insignificant impact. Although there is a law on conflict of interest, the procedure involved to ensure its implementation is extremely flawed and has many loopholes. However, the characteristics of this law, which in essence cannot ensure a functional public sector, or ethical norms of impartiality towards the private sector.The primary action that needs to be undertaken is improvement in the initiation process, changing the legal framework; one implementing relevant sanctions on procedures and monitoring. The next step, after modifying the legal framework, is the need to develop a branched mechanism for proper enforcement. Eliminating preferential treatment[footnoteRef:6] is a fundamental concept that must be overcome. [6: ]

4. Raising awareness of the benefits of regulation.What may occur, when there is no existential legal framework, under which an activity to be regulated and can be practiced in a legal form . next step is only to self . An apparent solution acceptable , but also incomplete . First and above all , self-can be interpreted as an attempt to bypass or avoiding legal rules transparency . Thus , in the absence of law, self-regulation can create only an impression of the transparency of the process will activity . However, in the situation when you alone decide upon the rules and limits of transparency all you can decide if and how much will provide the transparency. It creates a wall in behind which no one will be able to check the veracity information provided by companies and practitioners lobbying, or if that information is complete. In the opposite situation , when we have a law on lobbying, We also provide for penalties in cases that lobbyists do not conform to them or provide all the information required . It can impose fines , in extreme cases reach up to the withdrawal of the license activity in the area. Or, in the absence of a legal control of the above aspects is reduced limit.

ImpactFrom an analytical perspective, there are no benefits that emerge from not regulating lobby practices, or at best too minor to be taken into account. However, the key advantage must be noted- that the state government will not have to submit any effort to institutionalize this practice, which may include certain administrative, financial, or legislative changes.Though participating actors, interested in perpetuating the status quo will continuously benefit from this. Those who do not want transparency within this segment, aim to benefit from the curtain that provides this kind of influence, as long as the rules of the game are known only within a limited circle.The fiscal impactPositive:We can assume that positive fiscal impact, at this stage, is being able to avoid certain administrative costs related to the development framework. Also, with the fact that lobbying has been regulated and a law being practiced, it can show the need to create institutions, committees or state departments in order to manage, implement, monitor and evaluate compliance framework. Thus, non-regulating this phenomenon, eliminates the costs involving the much needed regulations.Negative:Negative impacts in terms of taxation, are considered as a priority and an endangerment process for the states financial resources. However, this is not observed in a negative way directly. It is a hidden process, which makes it difficult to perceive and be regarded by the public s. First of all, the primary defect is that, it limits the transparency and participation in the decision making and policymaking process. This, by default, leads to a temptation to evade certain advantages and preferential treatment. In this way, the preferential treatment principle is violated, for all potential beneficiaries the market. Also, given the current context, only certain players in the market can benefit from the know-how process; this scenario can serve as a way for the latter to generate corruptibility. By far the worst outcome is that, because some have knowledge of the rules of the game, certain cases can easily be manipulated away from the focus of authorities. It seems easy to assume that the discriminatory treatment of beneficiaries, the small or medium sized businesses have suffered extremely. Whereas, in a just and democratic society, this sector is one that can provide a stabilizing economic factor aiding in a profitable market.Administrative impactIf this situation remains unchanged, and lobbying continues to be unregulated the administrative impact remains minimal. There will be no need for the state to use its financial resources for the development of: draft laws, establishing institutions, directorates, commissions, ethics, targeting implementation, monitoring and evaluation framework.Economic ImpactWhen trying to estimate the impact on economic policy, we must consider the manner in which it is manifests itself on competitiveness, productivity and the competitive environment. Also, another aspect to take into consideration is the impact on entrepreneurs, small, medium and large businesses.Positive:Positive economic impact of nonregulating, is implicit in perpetuation of the current situation within the economic sector of Romania. This means, that the predominant companies and large enterprises in the market, development of business models, business few in numbers but large in size, provide significant contributions to the national budget form taxes. This can be considered as a positive aspect, and that enforcement, cooperation and control of these taxes will economically beneficial. There will be a reduced but fixed set of patterns, which, once treated, will rarely or nominally change. Negative:Based on the findings presented in the study above, the lobbying activities in Romania, is a practice known only by a limited circle of beneficiaries. They are mostly either political, media or business representatives who predominantly participate. The global interpretation of lobbying considers it as: a market development factor, where, small and medium enterprises are the true engine of economic progress, not large monopoly/oligopoly businesses.Contrary to this belief, interested representatives in the small and middle economic sector are underrepresented in Romania; therefore, preventing the potential for economic development or increasing productivity and quality. This domino effect continues and discourages development in the market. Subsequently, the scenario will generate: a monopoly of poor quality services and high competition in foreign markets, as well as limited budgetary revenues. Also, the corruptibility phenomenon has a more facilitated outlet, if only a few big actors participate.

Conclusions:Only a few EU Member States, identify a practical activity more or less branched on lobbying, holding a legal framework more or less functional. These include Germany and a few post-communist countries including Poland and Hungary. However, almost the majority of other states provide tacit legislation and national elements that have an influence and impact on this practice. The reasons for which there is no further concrete regulation on lobbying are more or less subjective. The countries that witnessed numerous failed attempts for fully regulating lobbying include the United States, Britain and most evidently Romania. Were after, 6 proposals from 1996-2009, the projects submitted to the Romanian Parliament were all rejected due to, the lack of willingness and irreparable corrupt government.Opportunities, advantages and benefits provided by this practice are considerable and necessary. This can be simply demonstrated by exemplifying the practices of the largest democracies in the west. These benefits have only, brought to light the final recipient, which is civil society as a whole. The idea of regulating this practice is a primary concern for any potential development. Through implemented regulations, there will be no disadvantages or negative precedents. This process comes only to support and contribute to a functional system of law, and development of governance through legitimate mechanisms. To support of this assertion, Poland is a perfect example. Laws on lobbying were adopted after several failed attempts, only after the most resounding public case of corruption. The purpose of regulation is to not allow the repetition of such practices and precedents.Methods of regulation vary on the specific political, economic and social aspects of the nation; these should be adapted to traditions and cultural affinities of Romania. If regulation does not specify the provisions to the smallest detail, it may completely change the regulatory framework.

RecommendationsRegulations on Lobbying in Romania1. Changing the perception of both the decision makers, as well as the whole society on the concept lobbying. Manifesting a professional and constructive reform, to address a wide area of public interest;2. Promoting the correct definition of lobbying among public officials and legislators;3. Encouraging the organization of public debates about the advantages and disadvantages of lobbying, practices, and opportunities;4. Identifying gaps in existing legal framework that concerns conflict of interests and a code of ethics, civil servants, and its improvement;5. Institutionalizing an effective monitoring system and sanctions for public officials when one violates legal provisions;6. Achieve de facto transparency in government, by providing achievable and accessible tools for civil society participation, within the process of policy and decision making;7. Establishing a fair rules of the game, impartial and transparent concerning compatibility and interferences of business over the public sphere;8. Organizing a round table, enabling participation from NGOs, think tanks and civil society organizations (in Romania), providing the appropriate opportunity to discuss and share their visions, and how to practice the activity of lobbying ;9. Developing a strategy and vision, at the national level, about the modalities and specificities of the Romanian lobbying system, which will be a much needed foundation for a regulatory lobby system;10. Commencement of studies and surveys at all levels government (both central and local) , to develop how the impact of a constrictive lobby system will reflect on the facility of communication and information between civil society and the public ;11. Thoroughly analyze the existing powers of central government institutions, which could, take responsibility for the implementation, monitoring conduct, and practices of lobbying. Or, an evaluation to establish a new subordinated structure to responsibility to manage the practice lobbying.12. Develop, adapt and implement a law for lobbying.13. Develop, test and implement a register for lobbyists, within a government institution (government, parliament, ministries or other authorities responsible for developing policy) for all entities who want access to go through the proper institutions to promote an interest or project (not directly to a politician, as is the current case).14. Creating a single control system, which will secure access to all key public institutions of the State.

BibliographyAdrian Moraru, Transparency in Lobbying in Romania, Bucharest, 2011Andrei Rosca, Corruption- an Economic, Social analysis, Bucharest, 2008Laura Brasoveanu, Comparative Approaches Regarding Fiscal Systems in the EU, 2008, Pp. 65-74Stela Radulescu, Tax Evasion in Romania in the transition Period, Bucharest, 2007F. Schneider, Shadow Economies and Corruption All over the World, Economics Journal, July 24, 2007B. Torgler, Public Attitudes Toward Corruption and Tax Evasion, QUT School of Economics and Finance, 2007Jose Bota Mendes, EU council summit, Lobbying in a Democratic society (European Code of Conduct on Lobbying), June 5, 2009Nownes, J. Anthony, Total Lobbying - what lobbyist want (and how they try to get it), Cambridge University, 2006Transparency International (Romanian Association for Transparency), Research for Regalementing Lobby Activities, Bucharest, 2003Paunita Turcu, Center of studies and Research, Romanian Parliament, Interest Groups and Lobby activities, September 1999Ruzicka, Jan, Regulating Lobbying in the Czech Republic and Visegrad Four, Hungary, July 2006Draft- Slovakia Law proposal on Lobbying activities, 2005Draft- Czech Republic Law proposal on Lobbying activitiesDraft- Germany Law proposal on Lobbying activitiesEuropean Commission, Code of Conduct- https://webgate.ec.europa.eu/transparency/regrin/infos/codeofconduct.do?locale=en#enEuropean Parliament, Rules of Procedure- http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+RULESEP+20090714+ANN10+DOC+XML+V0//EN&language=EN&navigationBar=YESEuropean Commission, Code of conduct for register -https://webgate.ec.europa.eu/transparency/regrin/infos/codeofconduct.do?local=en#enTransparency International, Press, Romanian Association for Transparency, Lobbying Laws are not a priority in Romania, Bucharest, August 14th 2005Anisoara Pavela, Lobbying, Cluj, Romania, 2014Dr. Dana Oancea, Liviu Mihaileanu, Aurelian Horja, Lobby in Romania, International Communications, Public Relations, Romania, 2012file:///home/a87712/Downloads/lobbying-in-romania-2012-english-version.pdfDiana Moraru,Viability of Lobby Groups in Romania, Romanian Conference at Columbia University, April 2008Christine Mahoney, Lobbying Success in the United States and the European Union, Syracuse University, 2007Craig Holman, Lobbying Reform in the United States and the European Union: Progress on Two Continents, 2009 House of Commons Bill, Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill, UK, July 17th 2013Patrick Bernhagen, Lobbying and Political Influence in Britain, University of Mannheim, 2011Franzikcsa Zibold, Lobbying in EU institutions 2013Burson Marsteller, EU Parliament Survey, the Council and EU commission, The Definitive Guide to Lobbying the European Institutions, spring, 2005Alexandru Cocirta, Regulating Lobbying: Lessons to be Learned, 2007 Margaret Mary Malone, Regulation of Lobbyists in Developed Countries. Current Rules and Practices, Institute of Public Administration, 2004, p. 3; A.P. Pross, Lobbying: Models for regulation, p.12. Juliusz Galkowski, Developing a legal framework for lobbying: the Polish experience, p.5. Conor McGrath, The development and regulation of lobbying in the new member states of the European Union, 2008Coman R., Towards regulating lobbying in Romania: a multi-faceted coin. Perspectives on European Politics and Society, 2006, Pp. 155169.Matraszek M., Lobbying in a new democracyPoland 2005 http://www.riskoffreedom.com/issue

Annex 1: Outline of Countries and their Lobbying Regulations: US, UK GE, EU parliament, EU Commission, Slovakia, Hungary, Poland, Czech Republic.This analysis was included for comparative purposes only. The displayed regulations in the post-communist countries show that; Romania is one of the few newly admitted countries in the EU, who has made nearly no efforts to eradicate corruption and make lobbying a transparent activity.

United States of AmericaExisting Regulations:United States has the longest documented experience in legislating lobbying practices.

Lobbying Definition:Lobbying, by law, is a written or oral form of communication, targeting members of parliament or elected officials to: develop, amendment or adopt a public policy (or a bill), in favor of the respective lobbyist or group.

Pre-requisites for LobbyingThe law defines that a lobbyist, can be any person who receives a remuneration of $5,000 or more for a period of consecutive months, and whose spending amounts to over $20,000 throughout the same six month period; lobbying in the interests of natural or legal persons representing clients.

Registration Vs. Institutions in which one can lobby and the explicit themes that one can lobbyLobbyists are obliged to keep a record, 45 days after contacting an official for the purpose of lobbying or signing a contract.

Reporting and TransparencyLobbyists are required to submit two reports per year, detailing their operations. Alongside these reports they are required to submit a statement of "honor" estimating the volume of expenses during that period.

UKExisting Regulations:Lobbying activities in the UK are self-regulating.There are no existing specific regulations, only a Code of Ethics. Lobbying focuses on persons/institutions that may be a subject of lobbying rather than the lobbying firms. Members of Parliament and Government are all subject to this Code of Conduct, specifically governing their activity with respect to lobbyists.

Lobbying Definition:No provided information

Pre-requisites for Lobbying:Anyone can engage in lobbying practices. Lobbyists may be a person, groups, businessmen, pressure groups, or commercial organizations.

Registration Vs. Institutions in which one can lobby and the explicit themes that one can lobbyThere are no formal requirements to be met, for one to be recognized as a lobbyist. Most lobbyists are members of different trade associations, but the quality of membership in such associations is a formal request. Thus, there is binding request for registration.

Reporting and TransparencyThere is no obligation on reporting in the UK. One applicable exception is when considering individuals/entities who are members of industrial corporations.

Control over lobbying activitiesNo provided information

GermanyExisting Regulations:Germany does not have a law on lobbying practices. Thus, in Germany the only official document that can be linked to lobbying, this is a list kept by the German Parliament. This list contains the industry associations, which represent specific interests of members of the Parliament or the Government. This document is called the "List of Associations" but note, that only industry associations can apply, and even in this situation, registration is not mandatory. However, self-regulatory mechanisms are present, and achieved actions through voluntary codes of conduct; such as "German Association of Political Consultants" and the "Board of German Public Relations".

Lobbying Definition:Not defined

Pre-requisites for Lobbying:No provided information

Registration Vs. Institutions in which one can lobby and the explicit themes that one can lobbyNo provided information

Reporting and TransparencyExamples: German Association Political Consultants and the Board German Public Relations.

Control over lobbying activitiesNo provided information

EU ParliamentExisting Regulations:The European Parliament is the first, and the only European institution, which approved the Rules of Procedure in lobbying.

Thus, under the Rules of Procedures, it defines financial interests, standards of conduct and access to Parliament:1. Parliament establishes norms of regulating transparency 2. Behavior of deputies must be, based on principles of mutual respect and the values that are at foundation of the European Union. 3. Applying these rules, does not diminish, in any way the liveliness of the parliamentary debates and cannot undermine freedom of expression.4. Questers are responsible for issuing necessary documents for lobbyists and continuous updating of the register, 5. The Code of Conduct or/and obligations to former members of Parliament must define a different decision. That cannot be done in differential manner former members.All persons with access to the European Parliament are required to comply with the existing legal framework. To increase transparency, all MEPs assistants must make a written statement of professional activities, as well as any other paid positions or activities.

Lobbying Definition:Not defined

Pre-requisites for Lobbying:Lobbyists must meet certain existing binding principles in the Code of Conduct, below are the most important:1. Declare interest/interests they represent when in contact with Parliament Member, officials or staff. 2. Shall not undertake any action to obtain dishonest information. 3. Should not to circulate copies of documents obtained from the Parliament by third parties,4. Strictly respect the Code of Procedure,5. Comply with the provisions of the Staff Regulations when recruiting former officials of the institutions,6. Respect any rules laid down by Parliament, on the rights and responsibilities of a former deputy,7. To avoid possible conflicts of interest, one must obtain the prior consent of the Member/Members concerned, as regards any contractual relationship with a deputy assistant.

Registration Vs. Institutions in which one can lobby and the explicit themes that one can lobbyPersons wishing to enter the premises of the European Parliament, in order to provide information to members in their parliamentary mandate, in their own interests or those of third parties, are required to register in the register lobby.

Reporting and TransparencyNo provided information

Control over lobbying activitiesNo provided information

EU CommissionExisting Regulations:Compared to the European Parliament, the European Commission chose not to establish a framework for formal regulatory rather a system based on self-regulation.

Lobbying Definition:Not defined

Pre-requisites for Lobbying:European Commission classifies lobbyists into 4 categories: - Professional consultants/ law firms - The lobbyists in trade associations - Ngo's - Other organizations (academic, religious, churches and communities of faith, etc)

Registration Vs. Institutions in which one can lobby and the explicit themes that one can lobbyIn 2007, the Commission decided to launch a registry of lobbyists it was opened in 2008.

Reporting and TransparencyNo provided information

Control over lobbying activitiesNo provided information

Slovakia Existing Regulations:Lobbying is currently unregulated in Slovakia. In 2005, the Slovak government proposed a law to regulate lobbying, but it was rejected by Parliament.

Lobbying Definition:Not defined

Pre-requisites for Lobbying:The drafted law defines a lobbyer, as a person licensed to lobby. If a person decides to engage in lobbying a license is required.

Registration Vs. Institutions in which one can lobby and the explicit themes that one can lobbyThe drafted law mentioned records of lobbyists at the state and regional level. The register is maintained by a specialized office of the Slovak Parliament and made public. For lobbyists' regional level there will be similar books to the one stated above, maintained by the regional authorities.

Reporting and TransparencyNo provided information

Control over lobbying activitiesNo provided information

Czech RepublicExisting Regulations:In 2010, there was proposed legislative framework to the Czech Parliament, passed in the House of Representatives and was voted against in the Senate.

Lobbying Definition:Lobbying can be done by natural or legal persons (including NGOs). Lobbying for trade can be achieved only by an individual who holds a to carry out a task by through lobby. The draft law defines the term "person in connection with lobbyist "- that any person, spokesperson or any legal, political party or organization in which in which the lobbyist is a member of.

Pre-requisites for Lobbying:No provided information

Registration Vs. Institutions in which one can lobby and the explicit themes that one can lobbyFor a lobbyist to be recognized, they must be officially registered in the Register. One must send an application in 10 days before the start of lobbying. This Act applies to all institutions listed by the Draft Law through which include: the Government, Office of the Data Protection Office of Telecommunications, and the National Bank.

Reporting and TransparencyIn addition to a registration, lobbyists are required to provide the Ministry of Interior with the following information: Quarterly lists: contacts, including contact time, institutions and officials involved, and customer identification, Annually: the revenues from Lobbying and expenses incurred in connection with lobbying.

Control over lobbying activitiesIt is proposed that the overlooking authority is the Ministry of Domestic Affairs.

Sanctions:The drafted law concerning lobbying activities provides a financial sanction of 100,000 CZK (approx. 4,000 euros) for breaching provisions of this bill. This also applies to actions such as providing incorrect information, recording or situations of conflicts of interest.

HungaryExisting Regulations:In 2006 the Parliament adopted a law on lobbying activities.

Lobbying Definition:Lobbying is defined as, paid work that seeks to influence public policy and/or legislation.

Pre-requisites for Lobbying:A lobbyist is a person registered, and who conforms to existing regulations when engaging in lobbying.

Registration Vs. Institutions in which one can lobby and the explicit themes that one can lobbyIt requires a registry. Registration is mandatory for individuals lobbying for legal and voluntary enrollment.

Reporting and TransparencyQuarterly lobbyists are required to prepare a report to present: - What government decisions have brought attention since the last reported period, - Names of approached civil servants,- The functions of the civil servants, - Name their employees.

Control over lobbying activitiesNo provided information

SanctionsThe Hungarian legislation defines, in concrete terms, the penalties applicable to infringements of the law. One of the penalties involves exclusion from the register for a period between one to three years, and fines of up to 40,000 euros.

PolandExisting Regulations:In 2005, Poland adopted lobbying law, which adds to existing legislation at the time, provisions on public documents, public consultation procedures, conflicts of interest, financial disclosure and internal control procedures of public procurement in the government.

Lobbying Definition:Lobbying is the work of any established legal entity, designed to put pressure on public authorities in the legislative process.

Pre-requisites for Lobbying:Any legally conforming entity (physical or juridical)

Registration Vs. Institutions in which one can lobby and the explicit themes that one can lobbyEstablish a register containing the addresses of professional lobbyists, containing all past related activities in the lobbyists field.

Reporting and TransparencyNo provided information

Control over lobbying activitiesNo provided information

Existing organizational structureProfessional lobbying activities in Poland are founded on a code of ethics, promoting self-regulation.

Annex 2- Legislative proposals Draft: On lobbying organization and how these laws should be structured. (Sarah Musaev & Horia Lupu School of Law Bucharest,RO)

In essence, for anything to be achieved in one country or another it would require a legislative guidelines or norms, which must be implemented in hopes of combating corruption and restricting loopholes for freeloaders. Therefore, the most efficient method to regulate lobbying activities in Romania would be through a legal proposal covering a variety of aspects.

Article 1. Should depict the objectives of this proposed law(1) This proposed Act should regulate the conduct of actions to influence the work of the legislative and executive action taken in favor of a third party under contract lobbying.(2) The objective of this law should be to determine how one should precede in relations between public authorities and lobbyists.(3) No provision of this proposition should restrict the rights of Romanian citizens; such as:(a) Addressing state organs or officials;(b) Expressing a personal opinion;(c) Or association,As these rights are provided in the Constitution.Article 2. Should define the purpose of lobbying (as it is up for interpretation)The purpose of lobbying can fall under one of the following activities, unless such activities are contrary to the country's defense and national security or prejudice of rights and fundamental freedoms:a) The exercise of legislative initiative: withdrawal, amendment, adoption or repeal, as appropriate, of laws, decisions or motions by the Chamber of Deputies or Senate, should be a decree issued by the President of a judgment or an order issued by the government, or other administrative acts by the central government or local authorities;b) Duties exercised by the Government should be strategic, implementation of the country's economic development programs, branches and industries, achieving social policy and the function of state property management, and development and implementation by ministries of policies and strategies in specific areas of activity;Article 3. Purposes of this Law including the defined terms and expressions:- Lobbying means all actions/interests carried out by legal methods for influencing the activity of the executive or legislative power, whether it is public or local institutions, actions in favor of a third party in exchange for material benefits provided in lobbying contract.- Specific actions in lobbying mean any oral or written communication, including mail (e-mail), addressed to representatives of public authorities or institutions in favor of a client.This category should include:a) Information on the steps to be taken for beneficiaries to attain it;b) Research and gathering of information necessary to perform their goals;c) The steps taken to inform beneficiaries and monitoring results;d) Analyzing the activity of the central and local public authorities;e) Participation in debates of central and local public authorities against whom they are lobbying with;f) Development and raising public support through any means of advertising, media conferences and public debates;g) Contributions to the development of political and/or economic strategies and attracting the support of political parties to attain it;h) Contact with representatives of legislative and executive power, whether it is public or local authorities;I) Lobbying related activities.These specific actions are considered lobbying through the following types of communications:(a) Communications made by an official by virtue of his official duties;(b) Communications made by a representative of a media organization, the purpose of gathering and disseminating news and information to the public;(c) Communications made in a speech, article, and publication or otherwise intended to bring to the public, or broadcast through radio, television or other means of communication;(d) Communications made for the government of a foreign country or a foreign political party;(e) Communications made in order to set a meeting, a request for information and other similar administrative request, if the request does not seek to influence officials;(f) Evidence submitted at hearings organized and carried out according to the current legislative process;(g) Communications sent in response to an official request;(h) Communication cannot be done without disclosing information, which by law is secret;- A customer, is any person entitled to vote, with the exception of: elected officials- members of government, the persons appointed by the Prime Minister or who can not participate, under the law, political parties as well as any person with juridical authority, alone or in combination, in employing another person or entity to carry out first person lobbying in exchange for money or any other compensation. A person with juridical authority, whose employees lobby in their favor, is at the same time, a customer and employer. If an association of companies, who employ other people to carry out lobbying associations, that client is not its individual members the lobby contract agreement will mean that the client entrusts a lobbyist representing their rights, opinions or interests by a specific activity;- Lobbying firm means a Romanian legal entity that has one or more employees and lobbyists for the benefit of a client, other than the respective legal individual;- Lobbyist by profession means a person who, as an employee of a client aids in exchange for compensation or other materials, providing services involving more than a lobbying communication, but not the individual whose lobbying activities constitute more than 20 % of its customer service in a period of 6 months;- Representative of a public figure or institution means: members of standing committees (deputies and senators), committees of inquiry and special committees of Parliament, members of the European Parliament from Romania, the Romanian President, Cabinet members, secretaries of state, heads of specialized bodies the central government and local authorities.Article 4. Legal ways to perform lobbying(1) Lobbying can be conducted by any person or entity, after its registration in the Register of Lobby.(2) Professional lobbyists may chose work within the following areas:(a) Independent, or as a trader;(b) Within a company, based in Romania, as an associate or shareholder, respective of the law;(c) As a lobbyist paid within the profession.(3) In order to become a lobbyist by profession, an individual should be required to meet the following conditions:(a) Have full legal capacity;(b) Be a graduate from a high level of education;(c) Have not been convicted for offenses against the dignity of authority figures or participation in public provocation; (d) Should have completed a short training course (which is mentioned below), organized by educational institutions, constituted as legal entities of public or private law, under the law;(f) Have not been the subject of a removal from the Register Lobby (which is mentioned below).(4) In order to become a lobbyist by profession, a person with legislative authority must meet the following conditions:(a) Abide by the respective lobbying provisions;(b) For at least one of the directors or shareholders to qualify as a professional lobbyist.(c) Have not participated or contributed in a decision in the Register Lobby.(5) A company may hire professional lobbyists, as employees.(6) Professional lobbyists receive remuneration for their work established by agreements/contracts with clients.Article 5. Should implement and regard a form of Registration for lobbyists(1) For one to become a registered lobbyist, a Lobby Register should be initiated, this Registrar should be monitored by the Tribunal of Bucharest. The Government should establish the organization and operation of the Register of Lobbying.(2) A set of documents should be required for registration of individuals, these should include:a) An application;b) Copy of an official ID;c) Criminal record;d) Copy of the diploma of higher education;e) A certified copy of the proof of completion of the course mentioned in Article 4, Section 3.(3) Documents required for registration of persons with legal authority:a) The application;b) Copy of articles of incorporation, with all amendments and additions;c) Authorization for the person / persons appointed to represent the company;d) Evidence that at least one of the company's employees is a professional lobbyist, registered in the Lobby .Article 6. Restrictions and prohibited engagements in lobbying activityThe following actors should be prohibited from engaging in lobby activities:(a) Members of Parliament, members of the European Parliament, members of the Government, employees of central and local government bodies;(b) State or state agencies, directors and members of their management;(c) Any economic operator in which the state holds more than 51 % of shares in, directors and board members of such;(d) Political parties and members of the management;(e) Companies, autonomous organizations, associations and foundations that have the objects of lobbying activity and are not recorded in the Lobby Registrar.Article 7. Possibilities of revoking a license from the Lobby Register A lobbyist may be removed from the Register, if:(a) The lobbyist has been involved in prohibited practices- should be done through a proper hearing;(b) The lobbyists did not fulfill the conditions of Article 5 of this proposed Law;(c) The lobbyist does not comply with Article 11 of this proposed law on reporting.Article 8. Proposed recording/ monitoring of lobbying activities(1) Professional lobbyists should be required to report and register each lobbying activity that they have engaged in to the Lobbying Register, these records should be open to the secretariat of each public authority or institution. This information should be recorded no later than 15 working days from the conclusion of the transaction.(2) The conditions in which the employee performs the lobbying registration should only be established and approved by the Government. The records should include:(a) Identification of the lobbyist;(b) Customer's identification, as well as a list of members who each hold more than 20 % of the shares;(c) A copy of the contract for lobbying;(d) A description of their intended targets of lobbying;(e) The conduct of business by the lobbyist, and the declaration of the principle duties that the lobbyist treats under each clients behalf.(3) If, after registration, the contract between the lobbyist and his client has ended and there is no provision for a new contract with the client; the lobbyist may request cancellation of registration in the Registrar of lobbying.Article 9. The fundamentals and requirements of lobbyists(1) Lobbyists should be required to:(a) Provide the competent public authorities with a list of their customer's names and the methods involved in aiding them;(b) Inform customers of their proposed obligations under the provisions of this proposed "Act"; (c) Not to promote the interests of the client's competitors, without the express consent of his client (aka- retention strategy);(d) Discern information received from the client to distribute the proper ratio of taxes to the government;(e) Inform the client if their proposed objectives are illegal or violate the principles of lobbying, in this case to refuse to perform a requested action;(f) Not obtain information by illegal means.(2) Lobbyists are prohibited from participating in lobbying activities of any public authority, including a first to third degree relative that holds a leading or legislative position.(3) Lobbyists are forbidden to promise, offer or solicit gifts to any public authority, material, financial benefits or other benefits.Article 10. Should cover the relationship between the lobbyist and public authorities(1) A lobbyist may present their arguments (nothing more) to public authorities in person at least once, as well as:(a) During a lobbying related decision of Parliament, before a parliamentary committee;(b) During lobbying activities related to a decision of Government Ministries or subordinate in front of someone in the Ministry;(c) During lobbying activities related to a decision by the local government, to the competent authorities.(2) In order to present their own arguments, a lobbyist must submit a written request to the authorities concerned.(3) The head of the public authority can freely decide on whether to organize such a meeting. The decision taken will be communicated to the lobbyist applicant and a public record will be held of this decision.(4) The lobbyist may invite members of the public administration at fairs and conferences in which to carry out lobbying activities.(5) The lobbyist can present explanatory material, scientific publications, feasibility studies to the authorities in support of his arguments; the Lobby Register should approve all other material.Article 11. Concerns how Lobby reporting should be done(1) During registration in the Lobby, lobbyists should require to provide quarterly reports to the Trade Register of the Bucharest Tribunal. Conditions to perform this reporting should be established by the Government.(2) The report should contain:(a) The list of authorities' decisions, which pertained to the lobbying activity;(b) The specific objectives of lobbying carried out;(c) List resources used;(d) The list of names of contacted officials in lobbying;(e) Name of the client/customer:(f) Financial projections or records of profits attained in this transaction.(3) If the lobbyist does not send this report within 30 days of the end of the quarter, the Trade Register Office attached to the Bucharest Tribunal should be required to send a formal notice to submit its report in 15 days from receiving the order. If this deadline is not met, any lobbyist involved will be removed from the register Lobby and fined accordingly.Article 12. Should concern liabilities and sanctions(1) If conducts of lobbying circumstances are any other than those provided in this proposed law should be punishable by a fine of ____ to ____; as well as incarceration depending on the degree of the crime.(2) Conducting lobbying without respecting the provisions of Article 4 and Article 5 without a contravention should be punishable by a fine of ____ to _____; as well as incarceration depending on the degree of the crime.(3) Establishing and punishment of offenses shall be performed by authorized officials namely the Director Generals county public finance and financial control by the state, that of Bucharest.

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