Lobbying Regulation in European Countries

Abstract

This paper reviews the practice of lobbying regulation in European countries that have adopted laws regulating lobbying activities or operate under a code of ethics. Lobbying is an integral part of a healthy democracy and is closely connected to universal values such as freedom of speech and the right to petition the government. Ethical and transparent lobbying contributes to the development of policies and the improvement of decision-making processes by providing legislators and decision-makers with knowledge and expertise, particularly on technical matters. In Europe, lobbying regulation aims to increase transparency and accountability in decision-making processes. This paper examines various regulatory models in Belgium — mandatory registration for lobbyists at the federal level; France — mandatory lobbyist registration and a code of conduct; Germany — mandatory lobbyist registry since 2022; Italy — some regulations exist, mainly at the regional level; Ireland — strong and transparent lobbying regulation; Lithuania — mandatory registration and strict transparency requirements; Slovenia — robust lobbying legislation; Poland — specific lobbying regulation law in force since 2005; the Netherlands — voluntary registration, though there is ongoing discussion about mandatory registration; Austria — a lobbying registry and regulations since 2013; the United Kingdom — the "Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014"; Spain — some regional regulations (e.g., Catalonia), but a weak national system; and Portugal — new lobbying regulations adopted in 2019. Additionally, Georgia is one of the first countries in Europe to adopt a specific act regulating lobbying activities — the "Law on Lobbying Activities." This law was the first comprehensive act within the European legal system regulating lobbying. The article aims to provide a comparative analysis of lobbying regulation practices in Europe and assess the effectiveness of these regulations. The primary research question is: How do lobbying regulation models vary among European countries, and to what extent do they ensure transparency? The paper argues that although legislative acts exist in the countries mentioned, the current lobbying environment often fails to meet the standards of effectiveness and transparency. This is mainly due to two interconnected, though theoretically distinct, problems: first, the definitions of lobbying and lobbyists. Current legal definitions do not fully capture the realities of lobbying activities, thereby harming the transparency and effectiveness of the regulations. Second, a crucial determinant of the effectiveness of lobbying regulations is the enforcement mechanism. Without strict formal enforcement mechanisms, laws have little impact on lobbyist behaviour and may ultimately prove ineffective. New regulations must be accompanied by effective monitoring and enforcement mechanisms, as well as supervisory bodies with the authority to enforce these rules. In conclusion, European countries still perform poorly when measured against international standards and best practices in lobbying regulation. According to research findings, the average quality of regulatory systems among 19 countries and EU institutions is only 31 per cent, indicating that most are significantly unprepared to counter undue influence. Despite the general trend toward stricter lobbying regulations, significant differences persist among countries in terms of mandatory registration, sanctioning mechanisms, and enforcement practices. We conclude that, despite some progress, lobbying regulation in Europe remains a dynamic process that requires continuous improvement to ensure the balance of interests, protect democratic values, and maintain the legitimacy of political processes.