QUESTIONS AND ANSWERS

1. What is lobbying?

Lobbying is the practice of private advocacy with the goals of influencing a governing body, in order to ensure that an individual’s or organization’s point of view is represented in the government. A lobbyist is a person who is paid to influence legislation as well as public opinion. Most major corporations, trade associations and other interest groups hire professional lobbyists to promote their interests as intermediaries; others maintain an in-house government affairs department. Think tanks aim to lobby through regular releases of detailed reports and supporting research to the media for dissemination.

2. What gives people the right to lobby?

All EU 27 member states provide in their Constitution the right of people to petition their Government. Therefore when someone lobbies, he or she is exercising their basic constitutional right to petition the Government and have their voices heard in the legislative arena. Legitimate lobbying is a democratic right and actions which constitute illegitimate lobbying are in essence forms of corruption covered by criminal law.

The right to present a petition before a parliamentary assembly is a citizen's "traditional" right, recognized by national legal orders. It can be found in the political control exercised by the parliamentary assembly over standardisation and administration. In the Community order, the right to petition, exercised since 1963, has been for some time exclusively founded on the European Parliament's rules of procedure. An interinstitutional agreement of 12 April 1989, concluded between the European Parliament, the Council and the Commission, formally confirmed the right, and provided a guarantee regarding interinstitutional follow-up of petitions (JO C 120 of 12 April 1989, p. 90). In 1992, the Treaty of Maastricht introduced into the EC Treaty the right to petition, along with other rights conferred on the citizens of the European Union. It appears in Article 21 EC with the right to apply to the Ombudsman. Establishing a means of direct communication of citizen complaints or suggestions regarding institutional activity, these two rights contribute to reinforcing democratic control over community legislation and administration.

Austria

Article 148a 3) of the Federal Constitutional Law of the Republic of Austria

It is moreover incumbent on the ombudsman board to assist in the disposal of petitions and group memorials presented to the National Council. The Federal law on the National Council's Standing Orders stipulates the details.

Article 11 of the Basic Law of 21 December 1867

Everyone has the right of Petition. Petitions may emanate under a joint name only from legally recognized bodies or associations.

Belgium

Article 28 of the Belgian Constitution

Everyone has the right to address petitions signed by one or more persons to the public authorities.
Constituted bodies are alone able to address petitions in a collective name

Bulgaria
Article 45 of the Bulgarian Constitution

Citizens have the right to lodge complaints, proposals and petitions with the State authorities

Cyprus

Article 29 of the Cyprus Constitution

Every person has the right individually or jointly with others to address written requests or complaints to any competent authority and to have them attended to and expeditiously; an immediate notice of any such decision taken duly reasoned shall be given to the person making the request or complaint and in any event within a period not exceeding thirty days.
Where any interested person is aggrieved by any such decision or when no such decision is notified to such person within the period specified in paragraph 1 of this Article, such a person may have recourse to a competent court in the matter of such request or complaint.

Czech Republic

Article 18 of  the Charter of Fundamental Rights and Freedoms of the Czech Republic

(1) The right of petition is guaranteed; everybody has the right to address himself or herself, or jointly with other individuals, organs of the State or of local self-government with requests, proposals and complaints in matters of public or other common interest.
(2) A petition may not be used to interfere with the independence of the courts.
(3) Petitions may not be used for the purpose of appeals to violate the fundamental rights and freedoms guaranteed by the Charter.

Denmark

Article 54 of the Danish Constitution

Petitions may be submitted tot he Parliament only through one of its Members.

Estonia

Article 46 of the Estonian Constitution

Everyone shall have the right to petition State and local government authorities and their officials with memoranda and applications. Procedures for responding shall be determined by law.

Finland

Section 12 Freedom of expression and right of access to information of the Finnish Constitution

(1) Everyone has the freedom of expression. Freedom of expression entails the right to express, disseminate and receive information, opinions and other communications without prior prevention by anyone. More detailed provisions on the exercise of the freedom of expression are laid down by an Act. Provisions on restrictions relating to pictorial programmes that are necessary for the protection of children may be laid down by an Act.
(2) Documents and recordings in the possession of the authorities are public, unless their publication has for compelling reasons been specifically restricted by an Act. Everyone has the right of access to public documents and recordings.

Section 13 Freedom of assembly and freedom of association of the Finnish Constitution

(1) Everyone has the right to arrange meetings and demonstrations without a permit, as well as the right to participate in them.
(2) Everyone has the freedom of association. Freedom of association entails the right to form an association without a permit, to be a member or not to be a member of an association and to participate in the activities of an association. The freedom to form trade unions and to organise in order to look after other interests is likewise guaranteed.
(3) More detailed provisions on the exercise of the freedom of assembly and the freedom of association are laid down by an Act.

France

Article 72-1 of the French Constitution

Voters in each territorial unit may call for the relevant authority to discuss particular issues. The conditions in which voters in each territorial unit may use the right of petition to ask for a matter within the powers of the unit to be entered on the agenda of its decision making assembly shall be determined by statute.

Germany

Article 17 of the Basic Law of the Federal Republic of Germany

Everyone has the right, individually or jointly with others, to address written requests or complaints to the competent agencies and to parliaments.

Article 45c

1. The Bundestag appoints a Petitions Committee to deal with requests and complaints addressed to the Bundestag pursuant to Article 17.
2. The powers of the Committee to consider complaints is regulated by a federal statute.

Greece

Article 10 of the Greek Constitution

1. Each person has and several persons acting together have the right, adhering to the laws of the State, to address written petitions to authorities, and said authorities must promptly react on the basis of the existing regulations and furnish in writing a reasoned answer to the petitioner in accordance with the law. (...)

Hungary

Article 64 of the Hungarian Constitution

In the Republic of Hungary everyone has the right to present, individually or together with others, written petitions or complaints to the relevant public authority.

Ireland

Article 40 of Irish Constitution

(6.1) The State guarantees liberty for the exercise of the following rights, subject to public order and morality:--
(i) The right of the citizens to express freely their convictions and opinions.
(ii) The right of the citizens to assemble peaceably and without arms.
(iii) The right of the citizens to form associations and unions.

Italy

Article 50 of the Italian Constitution

All citizens shall have the right to petition the Chambers demanding legislative measures or setting forth general needs.

Lithuania

Article 33 of the Lithuanian Constitution

Citizens shall have the right to participate in the government of their State both directly and through their freely elected representatives and shall have the equal opportunity to serve in a State office of the Republic of Lithuania.
Each citizen shall be guaranteed the right to criticize the work of State institutions and their officers, and to appeal against their decisions. It shall be prohibited to persecute people for criticism
Citizens shall be guaranteed the right to petition: the procedure for implanting this right shall be established by law.

Luxembourg

Article 27 of the Luxembourg Constitution

Everyone has the right to address petitions signed by one or more persons to the public authorities. Only constituted authorities have the right to address petitions collectively.

Article 67

Petitions to the Chamber may not be presented in person.
The Chamber has the right to refer to members of the Government any petitions addressed to it. Members of the Government shall provide explanations of their contents whenever the Chamber so requests.
The Chamber does not concern itself with any petition that has private interests in view, unless it is aimed at redressing grievances stemming from unlawful acts of the Government or the authorities, or unless the decision to intervene lies within the competence of the Chamber.

Netherlands

Article 5 of the Dutch Constitution

Everyone shall have the right to submit petitions in writing to the competent authorities

Poland

Article 63 of the Polish Constitution

Everyone shall have the right to submit petitions, proposals and complaints in the public interest, in his own interest or in the interests of another person - with his consent - to organs of public authority, as well as to organizations and social institutions in connection with the performance of their prescribed duties within the field of public administration. The procedures for considering petitions, proposals and complaints shall be specified by statute.

Portugal

Article 52 of the Portuguese Constitution

1. All citizens have the right to submit, individually or jointly with others, petitions, representations, claims or complaints to the organs with supreme authority or any authority, for the purpose of defending their rights, this Constitution, the law or the general interest, as well as the right to be informed, within a reasonable time, of the result of the respective consideration."

Romania

Article 51 of the Romanian Constitution

Citizens have the right to apply to public authorities by petitions formulated only in the name of the signatories.
Legally established organizations have the right to forward petitions exclusively on behalf of the collective body they represent
The exercise of the right of petition shall be free exempted
Public authorities have an obligation to answer petitions within deadlines and under conditions as established by law.

Slovakia

Article 27 of the Slovak Constitution

(1) The right to petition shall be guaranteed. Every person shall have the right to address governmental authorities and public administration in individual and public matters with petitions, proposals, and complaints either individually or in association with other persons.
(2) No petition may involve the infringement of fundamental rights and freedoms.
(3) No petition may interfere with the independence of the judiciary."

Slovenia

Article 45 of the Slovenian Constitution

Every citizen has the right to file petitions and to pursue other initiatives of general significance.

Spain

Article 29 of the Spanish Constitution

(1) All Spaniards shall have the right to personal and collective petition in writing in the form and with the effects the law shall define.

Sweden

Article 1 of Swedish Fundamental Rights and Freedoms

(1) All citizens shall be guaranteed the following in their relations with the public administration: 1) freedom of expression: the freedom to communicate information and to express ideas, opinions and emotions, whether orally, in writing, in pictorial representations, or in any other way; 2) freedom of information: the freedom to obtain and receive information and otherwise acquaint oneself with the utterances of others;
3) freedom of assembly: the freedom to organize or attend any meeting for information purposes or for the expression of opinions or for any other similar purpose or for the purpose of presenting artistic work;
4) freedom to demonstrate: the freedom to organize or take part in any demonstration in a public place;
5) freedom of association: the freedom to unite with others for public or private purposes; and 6) freedom of worship: the freedom to practice one's own religion either alone or in company with others.

United Kingdom

Section 19 Freedom of Expression of the United Kingdom Legal System

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.

Section 20 General Political Rights

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.

3. Why should there be lobbying rules?

Lobbying rules are not intended to curtail or prohibit lobbying, but rather on making lobbying visible. Just as lobbying as attempt to influence through legitimate means is lawful and legitimate so is monitoring it. Governments and legislators are entitled to know the pressures that are being brought to bear on their actions and the public in an opens society should be able to know those pressures and influences as well. Lobbyist registration is about open government and making visible the pressures and influences on government. It is not so much about control as about transparency.

Codes of lobbyists are more appropriate lobbying conduct short of criminal activity that they are about prohibiting contact itself or limiting contact in some way. Codes are intended to ensure a publicly responsible mode of lobbying.

 4. What do we need lobbyists?

If government officials were expert on every subject that comes before them (and the issues were fewer and less complicated), there would be less need for lobbyists. But our world is becoming increasingly complex. In addition the size of Government has continued to grow. As a result lobbyists spend much of their time educating elected representatives and public officials about how science, technology, global trade, environmental issues, transportation issues and other facts affect individuals, companies, nations and other citizens.
In addition lobbyists seek to influence legislative outcomes by advocating their point of view. The good ones also acknowledge accurately the points of view who oppose them.

5. What should citizens care about lobbying and politics?

Active citizenship means sharing your concerns and opinions and requesting action. As more individuals speak up on all sides of an issue, legislators and policymakers become more informed about a proposal’s impact on citizens. This makes them better prepared to make a decision. Free speech, an open news media, freedom of assembly and explicit right to petition the Government lead to an open and public debate on important issues that affect all citizens.

6. Why companies, trade associations have a government affairs department or should?

The size and scope of Government continue to increase. Government decides how business is conducted, who owns information, who can merge with another company, what the rules are for trade. In addition a legislative decision made in one industry sector often has an impact that reverberates in many other sectors.
Government affairs professionals monitor legislative and regulatory issues and ensure that their organization’s interests are fairly represented. Government affairs professionals help their organizations gain access to more markets, introduce new products and services, maintain a level playing field with competitors, protect their financial health and minimize unnecessary risk. In the process of course, they try to make the needs of their own organizations compatible with the public interest. The vast majority of government affairs professionals do their job competently and in a socially responsible manner.