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Legal regulation of lobbying to expose private interests in politics

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The name of Krasimir Georgiev, aka Krasyo the Black became famous some time ago in relation with lobbying and appointments across the judicial system. That was one of the emblematic scandals, related to the interweaving of private interests into the work of public institutions. A wave of embarrassing revelations followed on authority persons involved in dealing with powerful business structures, not always complying with the law.

It has become clear over the past 5-6 years that private interests could be found behind many of the actions and speeches of Bulgarian MPs and civic activists. That was commented by Katya Hristova from Transparency International during a roundtable, dedicated to the exposing of lobbying. That is how she formulates the problem:

“Lobbying finds its socially acceptable mask under the slogan that the MP represents the opinion of citizens. There are quite many mechanisms that provide or at least regulate an opportunity of the different group interests to participate in different formats of consultation. However, those are used mostly as a façade.”

Practices of that kind have lethal effect on the trust shown towards institutions and legality, while the structures of the democratic state are limited to oligarchy instruments.

Lobbying is not regulated, but remains unmolested as well.

Some 77 percent of the Bulgarian citizens are unaware of who lobbies for what and in front of whom, a Transparency International research shows, seizing other 18 EU member-states. At the same time 2/3 think that lobbying in this country remains unregulated. The state is best positioned in terms of equality – 38 percent of the polled say they can have an impact on the decision-taking process, though it is not an easy thing to do. However, the state lacks a strategy for the fight with non-regulated influence which means that non-transparent lobbying is on its way to turn into a working model. That is what data says as well on a failure to be effectively implemented the new texts of the Penal Code, incriminating influence peddling. Despite the widespread corruption only 7 persons were sentenced for traffic of influence in the period 2011 – 2013.

Chaotic legislation

According to data of the Center for Legal Initiatives more than 50 percent of all laws are changed and amended within a year and over 1/3 of the adopted acts appear to contradict to the Constitution. The lack of a program, allowing the interested parts of society to inform themselves on the main directions of the legislative process is one of the main gaps in the work of the national assembly. The MPs do not report meetings with lobbyists or consultations on the changes and amendments to the legislative system. Political parties on the other hand have not given publicity to their funding, including the one of the campaigns.

The exit – the regulation of lobbying

5 draft bills have been developed so far for lobbying, but without a single acting law, according to the presented info. A register of lobbyists, public and updated access to information and a legislative file – those are among the positive practices within the EU that Bulgaria can use, according to Mrs. Hellen Trump, a representative of the Transparency International’s Secretariat.

Transparency International has proposed a list with 30 measures for lobbying but it cannot start working without an effective judicial system.

English version: Zhivko Stanchev



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