lobbying in lithuania law regulation: first experiences and evaluation international conference:...

LOBBYINGLOBBYINGin Lithuaniain Lithuania

Law regulation: first experiences and evaluation

International Conference:„Transparency in decision making

process”Prague, 9th December 2010

Dr Marcin Michał WiszowatyDr Marcin Michał WiszowatyFaculty of Law and Administration

University of Gdańsk, Poland

Lobbying regulation.Lobbying regulation.

Constitution of the Constitution of the Republic Republic oof Lithuaniaf Lithuania (1992) (1992)

Article 25Article 25• The right to have own convictions and freely express them.The right to have own convictions and freely express them.• The right to seek, receive and impart information and ideas.The right to seek, receive and impart information and ideas.• Freedom to express convictions, to receive and impart Freedom to express convictions, to receive and impart

information.information.

Article 33Article 33• Citizens’ right to participate in the governance of their State.Citizens’ right to participate in the governance of their State.• Citizens’ right to criticise the work of State institutions or their Citizens’ right to criticise the work of State institutions or their

officials and to appeal against their decisions.officials and to appeal against their decisions.• Citizens’ right of petitionCitizens’ right of petition

Article 35Article 35• Citizens’ right to freely form societies, political parties and Citizens’ right to freely form societies, political parties and

associationsassociations

Article 36Article 36• Citizens’ right to assemble unarmed in peaceful meetings.Citizens’ right to assemble unarmed in peaceful meetings.

Lobbying regulation of 2000.Lobbying regulation of 2000.

Republic Republic oof Lithuaniaf Lithuania LawLaw o on n llobbying obbying aactivitiesctivities

((Lobistinės VeiklosLobistinės Veiklos ĮstatymasĮstatymas) ) No. VIII-1749 of 27 June 200No. VIII-1749 of 27 June 20000In force In force since 1 January 2001

Amended (2):Amended (2):- 8th of May 2001 (8th of May 2001 (Law No IX-308Law No IX-308)

- 30th of March 200330th of March 2003 (Law No. IX-1385)

15 Articles in 4 Chapters:15 Articles in 4 Chapters:

1. General provisions (Art. 1 – 8)2. Register of lobbyists (Art. 9 – 12)

3. Control of lobbying activities and provision of information (Art. 12 – 14)

4. Final provisions (Art. 15)

Quick review - Quick review - General provisions

Purpose and objectives of the Law (art. 1):

- regulating lobbying activities, - control and liability for violations of

this Law- publicity and transparency of publicity and transparency of

lobbying activities lobbying activities - preventing illegal lobbying preventing illegal lobbying

activitiesactivities

Short review - Short review - General provisions

Main definitions of the Law (art. 2)

- "Lobbyist" "Lobbyist" natural or legal natural or legal personperson

- "Lobbying activities""Lobbying activities" actions taken actions taken for or without a compensationfor or without a compensation in an in an attempt to exert influence to have attempt to exert influence to have

legal actslegal acts amended, supplemented or amended, supplemented or repelled or new legal acts adopted or repelled or new legal acts adopted or rejected, rejected, in the interestsin the interests of the of the clientclient

of lobbying activities.of lobbying activities.


Main definitions of the Law (art. 2)

- "Client of lobbying activities""Client of lobbying activities" a natural or legal person who has a natural or legal person who has concluded with a lobbyist concluded with a lobbyist a contract a contract on lobbying activitieson lobbying activities ((in compliance in compliance with the Civil Code with the Civil Code or other lawsor other laws of of the Republic of Lithuaniathe Republic of Lithuania))..


Persons not entitled to be lobbyists (art. 3)

1) under the age of 18;2) a state politician, public official, public

servant or judgejudge 3) a former state politician, public official,

public servant or judge, if less than 1 year has elapsed from the expiry or termination of his term of office

4) convicted for a deliberate crime, unless (expired or annulled).

5) Less than 5 years from obligatory termination of illegal lobbying activity

Short review - Short review - General provisionsArt. 4: Rights and duties of lobbyists — RIGHTS:RIGHTS:

1)1) ParticipatParticipation ion in the in the draftingdrafting or draft or draftinging legal acts and submit legal acts and submittingting explanations explanations

2)2) CConductonducting ing expert examinationexpert examination of drafts of drafts to submit to submit conclusions to conclusions to clientsclients of lobbying activities; of lobbying activities;

3)3) EExplainxplaininging to the public to the public and and convincconvincinging state and municipal state and municipal institutionsinstitutions that a certain legal act should be adopted that a certain legal act should be adopted / / rejected rejected / / amendedamended / / supplemented supplemented // repelled; repelled;

4)4) IInformnforminging the public, enterprises, agencies or organisations about the public, enterprises, agencies or organisations about draft legal acts which are being prepared in the Seimas, the draft legal acts which are being prepared in the Seimas, the Government or other state or municipalGovernment or other state or municipal institutions;institutions;

5)5) RReporteportinging through mass media and participat through mass media and participatinging in public events; in public events;6)6) CCollectollectinging data data and information about the legislative procedure and and information about the legislative procedure and

submitsubmittingting it to clients it to clients 7)7) PProposroposinging to legislators to legislators to initiate amendmentsto initiate amendments of effective legal of effective legal

acts; acts; 8) 8) OOrganisrganisinging meetings meetings of legislators of legislators withwith representatives of representatives of clientsclients

of lobbying activities;of lobbying activities;9) 9) OOrganisrganisinging public-opinion polls public-opinion polls regarding the adoption or regarding the adoption or

implementation of legal acts;implementation of legal acts;10) 10) OOrganisrganisinging representational and other representational and other eventsevents on legislative issues; on legislative issues;11) 11) OOrganisrganisinging meetings meetings of state politicians of state politicians ( (public officialspublic officials etc.) etc.) with with

the publicthe public on legislative issues; on legislative issues;12)12) OObtainbtaininging copies of draft copies of draft legal acts and other information, if this is in legal acts and other information, if this is in

compliance with laws compliance with laws 13)13) AAuthorisuthorising ing another person to present a reportanother person to present a report on lobbying activities on lobbying activities

in the name of the lobbyist.in the name of the lobbyist.


Rights and duties of lobbyists (art. 4)

Duties (2):Duties (2):- terminate lobbying activities no later

than within 1 working day from the moment of being elected/appointed a state politician (public official, public servant or judge)

- act in compliance with this Law, other legal acts and Lobbyists’ Code of Lobbyists’ Code of EthicsEthics


Duties of others (art. 5)

- State and municipal institutions must create conditions for legal lobbying activities and may not constrain legal lobbying activities

Short review - Short review - General provisionsIllegalIllegal Lobbying Activities Lobbying Activities ( (art. 6art. 6))

1) performed by a person who is not recorded in the Register of Lobbyists

2) performed by a person not entitled to be a lobbyist;3) performed by a lobbyist after suspension of his lobbying

activities 4) performed by a former lobbyist after termination of his

lobbying activities5) deliberately misleading state officials etc. due to amend,

supplement, repel or adopt a legal act6) aiming in electing/appointing the lobbyist a state

politician/public official, public servant or judge7) carried out in the name of a non-existent client8) when lobbyist directly or indirectly declares or states being

capable of influencing the legislative procedure, a state politician, public official or public servant;

9) representing concurrently several clients of lobbying activities with opposing interests

Short review - Short review - General provisionsActivities not considered lobbying ( (art. 7art. 7))

1) 1) activities or work of activities or work of mass media ownersmass media owners, , publisherspublishers or their or their employees, related toemployees, related to information information about effective and draft legal about effective and draft legal acts: publication of their texts in full or in part, their review, acts: publication of their texts in full or in part, their review, commentscomments (if not receiving (if not receiving compensation for lobbying activitiescompensation for lobbying activities))

2) participat2) participatinging, , upon invitationupon invitation of state and municipal institutions or of state and municipal institutions or agencies, in the preparation, consideration or explanation of draft agencies, in the preparation, consideration or explanation of draft legal acts legal acts as experts or specialistas experts or specialist for or without a compensation; for or without a compensation;

3) actions taken by state politicians, public officials or public servants 3) actions taken by state politicians, public officials or public servants with their official powerswith their official powers granted to them by legal acts; granted to them by legal acts;

4) activities of 4) activities of non-profit organisationsnon-profit organisations aimed at exerting influence to aimed at exerting influence to have legal acts amended, supplemented, repelled, adopted or have legal acts amended, supplemented, repelled, adopted or rejected, rejected, in the common interests of their membersin the common interests of their members; ;

5) activities of 5) activities of scientists (pedagogues)scientists (pedagogues) — — except actexcept actinging in the interests of in the interests of a client of lobbying activitiesa client of lobbying activities;;

6) an 6) an opinion expressed by a natural personopinion expressed by a natural person regarding a proposals to regarding a proposals to amend, supplement, repel, adopt or reject a legal actamend, supplement, repel, adopt or reject a legal act — — except that except that person acts in the interests of a client of lobbying activitiesperson acts in the interests of a client of lobbying activities..


Persons prohibited from being clients of lobbying activities ((art. 8art. 8))

1)1) a state politician;a state politician;

2) a public official, public servant 2) a public official, public servant or judgeor judge;;

3) state and municipal institutions 3) state and municipal institutions or agencies;or agencies;

4) a state or municipal enterprises.4) a state or municipal enterprises.

Short review – Short review – II. II. Register of lobbyists

• Registering byRegistering byChiefChief Official Ethics CommissionOfficial Ethics Commission (COEC):(COEC):

- 5 members5 members

- Candidates reported by: President of the Republic (1), Speaker Candidates reported by: President of the Republic (1), Speaker of the Parliament (1), Prime Minister (1), High Court (1), of the Parliament (1), Prime Minister (1), High Court (1), Association of Local Authorities (1)Association of Local Authorities (1)

- Term of office: 5 yearsTerm of office: 5 years

- Elected by Parliament (Seimas)Elected by Parliament (Seimas)

- 1 re-election allowed1 re-election allowed

- Chairman appointed by Speaker of the ParliamentChairman appointed by Speaker of the Parliament

- powers of investigationpowers of investigation and and the right to demand explanations, the right to demand explanations,

- The right to The right to impose penaltiesimpose penalties (administrative — fines) (administrative — fines)

Short review – Short review – II. II. Register of lobbyists (art. 9)* * Registering Registering byby Chief Chief Official Ethics Commission Official Ethics Commission (COEC)(COEC)* Using p* Using pre-definedre-defined by COEC by COEC formform of of a lobbyist’s questionnaire and a declaration.a lobbyist’s questionnaire and a declaration.* Required information:* Required information:(natural person): (natural person): name and surname, personal number, place of residence, place of work in name and surname, personal number, place of residence, place of work in

the last one yearthe last one year* (legal person): * (legal person): name, registration number, address of the head officename, registration number, address of the head office(additionaly: (additionaly: A citizen's passport * State Social Insurance Certificate A citizen's passport * State Social Insurance Certificate * Certificate from the * Certificate from the criminal record * criminal record * personal questionnairepersonal questionnaire * d * documents on education * Photo (4 x 3ocuments on education * Photo (4 x 3cm)cm)* * information about information about employeesemployees of a legal person (names, surnames, personal numbers) who of a legal person (names, surnames, personal numbers) whowill be performing lobbying activities will be performing lobbying activities

* COEC* COEC hashas the right to request from the right to request from applyingapplying lobbyi lobbyistssts oror from state and municipal from state and municipal institutions or agencies, institutions or agencies, additional informationadditional information or documents or documents necessarynecessary for the taking of a for the taking of a decision regarding the recordingdecision regarding the recording

• The number of lobbyists shall not be limited.The number of lobbyists shall not be limited.• Term: Term: 5 working days5 working days f for or examinexamininging the documents and the documents and makmakinging a decision a decision • Another Another 5 working5 working days to days to notifynotify the decision. the decision. * * personperson, who cannot be a lobbyist or submitted incomplete / incorrect form , who cannot be a lobbyist or submitted incomplete / incorrect form not not

registeredregistered• Register Register llobbyistobbyist should should within within 11 month month from the date of receipt of from the date of receipt of thethe notification, notification,

pay a pay a state feestate fee (2.000 Lt – natural person or 10.000 Lt – legal person)(2.000 Lt – natural person or 10.000 Lt – legal person)• After paying the fee, lobbyists receives „After paying the fee, lobbyists receives „the lobbyist’s certificatethe lobbyist’s certificate”” • Not paying Not paying revoking the decision revoking the decision

Short review – Short review – II. II. Register of lobbyists (art. 10)

SuspensionSuspension of lo of lobbying activitiesbbying activities (can be renewed):

- By a request of a lobbyist (for period of time proposed by lobbyists)

- Failing to present the lobbying activity report on time (max. 1 month)

- Being suspected of committing a deliberate crime (until the case is solved)

TerminationTermination of lo of lobbying activitiesbbying activities (cannot be renewed):

- By a request of a lobbyist (time proposed by lobbyists)

- Engaged despite of suspension (*)

- Being illegal according to art. 6; (*)

- Suspended for reasons, there were not eliminated within prescribed time (*)

- In case of conviction for a deliberate crime

ExpiryExpiry (death of natural person/liquidation of legal person) or termination means deleting the record from Register.

(* re-engage in lobbying not before 5 years after termination)


ReportReport on Lobbying Activities - OBLIGATORYOBLIGATORY- Filed to Filed to the the COECCOEC- for the for the previous calendar yearprevious calendar year no later than by no later than by

1515th of th of February of the current yearFebruary of the current year (max. postponing: 30 days)(max. postponing: 30 days)

Required information:Required information:- NameName ( (surnamesurname) ) and the and the personal personal number of a lobbyistnumber of a lobbyist- NName ame ((surnamesurname) ) personal number, addresspersonal number, address of each client of of each client of

lobbying activities;lobbying activities;- ttitle of an itle of an ((effective or drafteffective or draft)) legal act with respect to which he legal act with respect to which he

acts as a lobbyist;acts as a lobbyist;- tthe he incomeincome from lobbying activities from lobbying activities (with receipts) (with receipts);;- tthe he expenditureexpenditure on lobbying activities on lobbying activities (with receipts) (with receipts)..


Report on Lobbying Activities

OBLIGATORY also if :OBLIGATORY also if :

- lobbyist lobbyist received no received no income nor incurred any income nor incurred any lobbyist's expenditure during the reporting lobbyist's expenditure during the reporting periodperiod

- Lobbying activity was suspendedLobbying activity was suspended

- Lobbying activity was terminated Lobbying activity was terminated


Additional restrictions:Additional restrictions:

- Contingency fee — forbidden

- Financing lobbying from state/municipal budget — forbidden

Short review – Short review – III. III. Control of lobbying activitiesLobbying activities are being controlled by the COEC, who can:

• analyse and generalise the practice of application of thanalyse and generalise the practice of application of thee L-L-Law; Law; • address to courts with requests to terminate or repel decisions address to courts with requests to terminate or repel decisions

or transactions taken or entered into in conflict with thor transactions taken or entered into in conflict with thee L-L-Law;Law;

• conduct an investigation conduct an investigation (personally (personally or or by other by other institutioninstitution) ) if if informedinformed that that somebodysomebody do not abide by the requirements of do not abide by the requirements of ththe L-e L-Law;Law;

• draft and approve the draft and approve the Lobbyists’ Code of EthicsLobbyists’ Code of Ethics (*)(*).. • check lobbying activities;• obtain from state or municipal institutions and other persons obtain from state or municipal institutions and other persons

any information, explanations, orders, decisions and other any information, explanations, orders, decisions and other documents necessary for the implementation of this Law;documents necessary for the implementation of this Law;

• check reports on lobbying activities,• check activities check activities of persons of persons engageengagedd in illegal lobbying activities. in illegal lobbying activities.

(* III-2005)(* III-2005)

Short review – Short review – III. III. Control of lobbying activities

Public information about lobbying activities

• By 15 MayBy 15 May,, every year, every year, COECCOEC report for report for SeimasSeimas on the control of lobbying activities. on the control of lobbying activities.

• Information about lobbying activities Information about lobbying activities isis available available to the public. (lobbyists, clients of lobbying to the public. (lobbyists, clients of lobbying activities, effective or draft legal acts with respect activities, effective or draft legal acts with respect to which lobbying activities were carried out). to which lobbying activities were carried out).

• QQuarterlyuarterly COEC COEC publish publish information about information about lobbyists recorded in the Register lobbyists recorded in the Register as well as: as well as: suspension, renewal, termination or expiry of suspension, renewal, termination or expiry of lobbying activities in the supplement to the lobbying activities in the supplement to the Official Gazette Official Gazette Valstybės žiniosValstybės žinios..

• Information about lobbying activities may be Information about lobbying activities may be published on the website of the published on the website of the COECCOEC

Short review – Short review – III. III. Final provisions

Persons :- who violate the requirements of the Lobbying

Law, or

- whose lobbying activities have caused damage to other people

shall be liable for damages in accordance with the procedure established by laws.

Lobbying in LithuaniaLobbying in Lithuania

political and social background

Lobbying in Lithuania — political and social backgroundLobbying in Lithuania — political and social background

The Freedom HouseThe Freedom House „Nations in Transit New Democracy” 2010 Report:„Nations in Transit New Democracy” 2010 Report:

Lithuania is one of 8 „Consolidated Democracies” in Eastern Europe with 2,25 points, when 1 = best score and 7 = worst score.

The winner of 2010 Report is Estonia with 1,93.Lithuania is between Czech Republic (2,21) and Poland (2,32)


The Freedom HouseThe Freedom House „Nations in Transit New Democracy” 2010 Report: „Nations in Transit New Democracy” 2010 Report:

Opinions, conclusions and facts:

• Business associations and trade unions are traditionally the most influential NGO’s in the policy-making arena, • labor unions — weak and losing influence in recent years. • Lithuanian interest groups do not use sophisticated practices or tactics of lobbying; • access is largely based on personal connections and corrupt practices. • the business community is the most effective lobby due to its contacts and extensive resources; • About 100 members of Seimas have business connections.• About 4 members of Seimas can be considered to represent labour.• Government cooperation and consultation with NGOs has not been fully established. • the media are receptive to public policy groups as reliable sources of information


Transparency InternationalTransparency International (Lithuanian branch) 2009 Report:(Lithuanian branch) 2009 Report:

• Public perception of corruption in Lithuania — equivocal

• ¾ of the population believe that unofficial payments are effective in dealing with authorities

• 2/3 of the population ready to give bribes

• 54 % of citizens believe, that the level of corruption has grown sizeably over the past 5 years.

• In May 2009, Parliament updated the national anti-corruption program (criteria for anti-corruption work with the supervisory role of the Interagency Anti-Corruption Commission and the Special Investigation Bureau).


R. J. Hrebenar, C. H. McBeth, B. B. Morgan R. J. Hrebenar, C. H. McBeth, B. B. Morgan (University of Utah, Lithuanian National Academy of Science)(University of Utah, Lithuanian National Academy of Science) 2008 2008 findings:findings:

Underdeveloped interest groups system in Lithuania caused by:- Low feelings of political efficacy- Strong suspicion of interests groups, itsactivity and lobbying

As a legacy of communism:

- Civil society is weak

- Many Lithuanians believe, that ability of the individual or the organized group to influence political decision and public policy is weak

- Most people do not see how joining an interest groups or unions could make any difference in their lives

Source: R. J. Hrebenar, C. H. McBeth, B. B. Source: R. J. Hrebenar, C. H. McBeth, B. B. Morgan, Morgan, Interests and Lobbying in LithuaniaInterests and Lobbying in Lithuania, ,

Journal of Public Affairs 2008Journal of Public Affairs 2008


R. J. Hrebenar, C. H. McBeth, B. B. Morgan R. J. Hrebenar, C. H. McBeth, B. B. Morgan 2008 findings:2008 findings:

Factors determining interest groups succes in Lithuania:Source: R. J. Hrebenar, Source: R. J. Hrebenar,

C. H. McBeth, B. B. C. H. McBeth, B. B. Morgan, Morgan, Interests and Interests and Lobbying in LithuaniaLobbying in Lithuania, ,

Journal of Public Affairs Journal of Public Affairs 20082008

Strong believe: ‘Anything in Lithuania can be done quickly with money”Strong believe: ‘Anything in Lithuania can be done quickly with money”


Strategies and tactis of Lithuanian interests groups:- Unsophisticated- „friends and neighbours” system based upon contacts (Lithuania: only about 3,5 million people)- lobbying = „good old boy operation”- hiring professional lobbyists – rather exceptional lobbying is rather personal connections than professional representation:

Source: R. J. Hrebenar, Source: R. J. Hrebenar, C. H. McBeth, B. B. C. H. McBeth, B. B.

Morgan, Morgan, Interests and Interests and Lobbying in LithuaniaLobbying in Lithuania, ,

Journal of Public Affairs Journal of Public Affairs 20082008

Strategy or tactic Percentage of respondents

Who confirmed the use of

the strategy or tactic in Lithuania (%)

Contacting members of the Parliament 100

Contacting elected and appointed officials in the executive branch 100

Contacting civil servants—bureaucrats—in the executive branch 100

Direct contact: Interest group employees contact public officials 100

Media: using the press to influence public officials 94.5

Grassroots lobbying: using members to contact public officials 93.9

Indirect contact: using a friend or acquaintance of a public official 91.6

Protests and Demonstrations 87.8

Using the court system to achieve their goals 58.6

Indirect contact: using a hired lobbyist 3333


Unequal competition between business organisations and NGOs:

Business organisation interests groups NGO’s interest groups

- with vast financial resources, - wide political contacts, - using professional methods and ready-to-use propositions with „pros” and „cons” for each

- having a member of the interest group

elected into the parliament or appointed

to the executive branch

(about 100 members of Parliament admit

such association)

- coming to Parliament with their complains and problems, - failing to suggest possible solutions, resources of political action to deal with or to solve those problems. - Lithuanian labour unions admitted, that they lack the ability to offer substantive and detailed policy recommendation — They expect public officials to come up with solutions and deal with problems- About 4 members of Parliament have any relations with labour unions

The exercise of civil right of petition is not regulated in Lithuania, beside Constitution


Widespread negative perceptions of lobbyists and lobbying and negative attitude towards interests groups

Group Percentage

with positive

views (%)

Percentage with

negative views (%)

Percentage with

a combination

of positive and

negative views (%)

Government officials

25,8 41,9 32,3

General public 3,63,6 71,471,4 25


Endemic corruption and the use of bribes and gratuities as effective lobbying tactics

Source: R. J. Hrebenar, C. H. McBeth, Source: R. J. Hrebenar, C. H. McBeth, B. B. Morgan, B. B. Morgan, Interests and Lobbying in Interests and Lobbying in LithuaniaLithuania, Journal of Public Affairs 2008, Journal of Public Affairs 2008

LITHUANIAN LOBBYING LAWLITHUANIAN LOBBYING LAW

– evaluating the current regulation– evaluating the current regulation

Evaluating the current regulation - allegationsEvaluating the current regulation - allegations

Disproportionate penalties:Code of Administrative ViolationsCode of Administrative Violations (art. 202-1):• public officials — fine 500-1,000 Litas (€165-335)• repeated violations — fine of 1,000-2,000 Litas (€335-660), or• removal from office

Administrative CodeAdministrative Code (art. 172 (25)):• Violating the requirements of the Lobbying Law for te first time — fine 500-1,000

Litas (€165-335)• Violating the requirements of the Lobbying Law again (recidivism)

Average salary in Lithuania (3rd quarter of 2009): 1665 Lt.

Effect illicit lobbying about 100-200 million Lits per yearAccording to Romas Stumbrys, chairman of the

National Lobbyist Association (Nacionalinė Lobistų asociacija

Lithuanian lobbying law

Legislative Legislative ExecExecutive Judicialutive Judicial - law-making - law-drafts only ?- law-making - law-drafts only ?

Self-govSelf-governmental Grass-Rootsernmental Grass-Roots - law-making ?- law-making ?

Also doesn’t regulate: rule regulation, executive order, other programs, policy negotiation, award, contract, grant, loan, permit, or license.

Lobbying for electing/promoting/appointing officers — forbidden

Lithuanian Register of Lobbyists (as of: 7th December 2010):

Recorded persons — 24Natural persons: 20; Legal persons: 4 Deleted lobbyists: 2 (2006, 2008)

Registration and activity (according to Lobbyists and COEC Reports 2001-2009)

YEAR Registeredlobbyists

Activelobbyists

Remarks

2001 3 2 Income: 17.300 Lt; first critical concerns of CEOC

2002 7 5 Income: 106.125 Lt (17 contracts); no court cases of illegal lobb.



2005 11 6 Income: 174,690 Lt (18 contracts); no court cases of illegal. lobb.

2 requests to examine illegal lobbying activity – turned to be legal

2006 14 8 Income: 240.000 Lt (18 contracts); no court cases of illegal. lobb.

2007 17 11 Income: 220.000 Lt (25 contracts); no court cases

2008 20 6 Income: 150.000 Lt. (20 contracts); no court cases

2009 23 7 Income: 160.000 Lt. (4 contracts); no court cases

COEC - proposed changes in Lobbying regulationCOEC - proposed changes in Lobbying regulation

A) distinguish lobbying activities carried out by professional lobbyists and an associated interest groups;

2) narrow (clarify and specify) the definition of lobbying activities

4) provide for two categories of lobbyists, depending on the nature of their work and the workplace: - a consultant lobbyist - a natural person, lobbying client's interests through lobbying,

- a lobbyist for the company - the company shareholder, the management or supervisory board member, or the company-employed person

-5) the obligation for lobbyists to report on COEC lobbying activities when the activity started up, and

the annual declaration of activities carried out lobbying activities;

6) distinguish the associated interest groups and their activity and divide them into categories according to their interests representing the interests of civic groups or business interest groups;

7) the associated interest groups that have an impact on legislation shall be obligued to submit a declaration to CEOC of impact on legislation

8) The Republic of Lithuania, the Seimas, the Lithuanian Government and municipal office of the Republic of Lithuania on its website shall publish information about the normative legal acts, their promoters and

initiators

9) The Lithuanian Seimas, the Government and municipal authorities should publish information about their contacts with lobbyists and interests groups during the legislative process (COEC);

10) to provide reports about the ongoing lobbying and lobbying declarations submitted electronically.

Evaluating the current regulationEvaluating the current regulation

The main proposals of amendments to theThe main proposals of amendments to the Lobbying Bill (2006): Lobbying Bill (2006):

1.1. Two categories of lobbyists (in reference do Canadian practice):Two categories of lobbyists (in reference do Canadian practice):- in-house lobbyistin-house lobbyist

- consultant lobbyistsconsultant lobbyists

2. Two kinds of lobbyist report:2. Two kinds of lobbyist report:- On the ongoing lobbying activity (max. 14 days after starting)On the ongoing lobbying activity (max. 14 days after starting)

- Annual report about finished lobbying activity (-ies)Annual report about finished lobbying activity (-ies)

3. Special report („declaration”) of associated interests groups (civic or business) 3. Special report („declaration”) of associated interests groups (civic or business) about their influence on legislation (max. 14 days after starting their action)about their influence on legislation (max. 14 days after starting their action)

4. Electronic way of submitting documents and declarations4. Electronic way of submitting documents and declarations

5. Obligatory for „Seimas, Government and other state and local authorities” 5. Obligatory for „Seimas, Government and other state and local authorities” involved in the law-making process — publishing the information about involved in the law-making process — publishing the information about preparation of regulationspreparation of regulations together with the drafts; interested persons

(natural or legal) can notify their interest, opinions and proposals. Such actions must be published by the organ and reported to COEC


Critical concerns Critical concerns raisedraised by the by the scholarsscholars and and professional lobbyists:professional lobbyists:

1. No compulsory register of associations and other organizations as organized interests.

2. Quite often — inviting association’s members (in fact: lobbyists)by state authorities to participate in legislative work as experts, with

additional remuneration

3. Lack of tangible benefits for registered lobbyists, which would encourage registration.

4. No mandatory, regular reports submitted by lobbying politicians and civil servants (makes it easy to circumvent the law)

5. Lack of clarity on the purpose of the Lobbying Act - the fight against corruption or promotion of lobbying

6. uncontrolled media lobbying activities


Additional proposals:

- Adding to the list of mandatory elements of bill justification – information on interests groups, which will

benefit from the new legislation ( art. 135 of Seimas Stanind Orders).

- More restrictive access to MPs (as one of the privileges of registered lobbyists)

- statutory regulation of the citizens’ right of petition — also to distinguish it from lobbying

- promoting a positive image of lobbying at the stage school

- State support for the emergence of a strong, professional organization lobbyists promoting legal lobbying activity

using sophisticated methods

THANK YOUTHANK YOU

FOR YOUR ATTENTION !FOR YOUR ATTENTION !

e-mail: [email protected]

Dr Marcin Michał Wiszowaty

Faculty of Law and Administration

University of Gdańsk, Poland

lobbying in lithuania law regulation: first experiences and evaluation international conference:...

Documents

control of lobbying

client of lobbying activities

lobbying regulation

illegal lobbying activities

lithuania law regulation

republic of lithuania

law publicity

associations citizens