Cours donné à l'université de Lorraine en décembre 2017 en master en Etudes Européennes et Internationales

1. IF YOU DON’T
CARE ABOUT
EUROPE,
EUROPE TAKES
CARE OF YOU
Jacques Folon, Ph.D.
Partner EDGE CONSULTING
Professeur ICHEC Brussels Management School
Maître de conférences Université de Liège
Professeur invité Université Saint Louis Bruxelles
Visiting Professor Université de Metz
Visiting Professor ESC Rennes School of Business
Basics of EU Lobbying

3. Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
5. Who are the lobbyists?
6. How to lobby?
7. What do the lobbied think ?
8. The lobbyist’s code of conduct
9. There are still some open questions

4. What do you think is a lobbyist?

5. What is lobbying ?
! Latin „lobia“ => lobby, anteroom
! Origin lies in England in the 17th century:
approaching members of Parliament in the anteroom
of the English House of Commons
! „Practice of advocacy with the goal of influencing the
legislative of executive bodies by promoting a point of
view that is conducive to an individual's or
organization's goals”
! Negative connotation, but political reality

6. 6

8. Country
Rules Governing Lobbyists
Australia As of 1 July 2008 there are national rules in place and a register. Originally formulated
and implemented in the 1980s, lobbying rules were then abandoned in 1996. Western
Australia (2006), New South Wales (2009), Queensland (2009)
Austria No statutory rules
Belgium No statutory rules
Bosnia and
Herzegovina
No statutory rules
Canada Federal Level: Rules and Register since the Lobbyists Registration Act of 1989,
amended in 1995, 2003 and 2008. Provincial Level: Lobbying regulations exist in
Ontario (1998); Nova Scotia (2001); British Columbia (2001); Quebec (2002);
Newfoundland (2005) and Alberta (2007).
Coratia No statutory rules
Denmark No statutory rules
Estonia No statutory rules
EU: European
Parliament
Regulated by Rule 9(2) of the Rules of Procedure, 1996.
EU:
Commission
Before 2008, ‘self-regulation’ was the model adopted by the Commission. However, as
of 23 June, 2008, the Commission opened a voluntary register of interest
representations.
EU: Council No statutory rules
France Indicated its aim to introduce a voluntary parliamentary run register – July 2009.
Germany Regulation and registration through rules of procedure of the Bundestag in 1951; later
amended in 1975 and 1980.
Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010

9. Hungary Regulation of Lobbying Activity since 2006.
Iceland No statutory rules
Japan No statutory rules
Latvia No statutory rules
Lithuania Regulation since 2001.
Luxembourg No statutory rules
India No statutory rules
Ireland No statutory rules
Italy No statutory rules at national level. Nevertheless, regional schemes have been
introduced in the Consiglio regionale della Toscana in 2002 and Regione in 2004.
Japan No statutory rules
Malta No statutory rules
Netherland No statutory rules
New Zealand No statutory rules
Norway No statutory rules
Poland Regulations since 2005.
Portugal No statutory rules
Rep Korea No statutory rules
Romania No statutory rules
Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010

10. Serbia No statutory rules
Slovakia No statutory rules
Slovenia No statutory rules
Spain No statutory rules
Sweden No statutory rules
Taiwan Lobbying Act passed on 8/8/2007, came into force on 8/8/2008.
Turkey No statutory rules
U n i t e d
Kingdom
No statutory rules in either Commons or House of Lords.
United States Federal Level: The Lobbying Act 1946, amended in 1995 and 2007.
State Level: All states have lobbying regulations.
Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010

13. Table of Content
1. What is lobbying?
2. The EU institutions
• The EU Legislative process
• Why lobbying?
• Who are the lobbyists?
• How to lobby?
• What do the lobbied think ?
• The lobbyist’s code of conduct
• There are still some open questions

14. Europe or Europe(s)

15. Many institutions
• Europe in OECD, WTO,…
• Schengen
• Economic and social comittee
• Committee of the regions
• European Investment bank
• European environment Agency
• Europol
• Group of 27
• Etc…

16. EUROPEAN COMMISSION
proposes, manages, regulates
EUROPEAN PARLIAMENT
comments, amends, decides
COUNCIL OF MINISTERS
negotiates, decides
MEMBER STATE
implements
EUROPEAN COURT
adjudicates
ECONOMIC AND
SOCIAL COMMITTEE
represents economic
and social groups
COMMITTEE OF
THE REGIONS
represents local
governments
EUROPEAN COUNCIL
sets the agenda
The EU Institutions

17. Everything is on the Web

27. Reminder…

28. Eight long years
•Laeken declaration 15 December 2001.
•Convention with 3 objectives
• Clarification of competences
• Simplification
• more democracy and transparency

29. • 24/10/2004 constitution signed but …
•Referendum in the Netherlands and France
•Reflexion period …
•Minimal treaty to be signed before the end of 2007

30. EU Summit Lisbon 13/12/2007
Then two years of ratification including
Ireland and Polish and Tchek hesitations
1/12/2009 it is done !

31. One bloc: the European Union
3 treaties
Lisbon
Maastricht
Rome

32. The EU is (finally) a legal entity
Lisbon Treaty is 152 pages of
technical jargon modifying the Rome
and Maastricht treaty
13 protocoles
59 declarations
Remember it was supposed to be
simple !!!!!

33. What is new?
O n e p r e s i d e n t o f t h e
European council
(and not the president of
Europe!)
A VP of the Commission
high representative for
external affairs and security
More competences for the
EU Parliament
More codecision
Sort of referendum (one
million eu citizens)

34. Commission
one commissioner by
member state
More powers for the
p r e s i d e n t o f t h e
commission (by instance
t o f i r e o n e
commissioner).

35. Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
• Why lobbying?
• Who are the lobbyists?
• How to lobby?
• What do the lobbied think ?
• The lobbyist’s code of conduct
• There are still some open questions

36. The legal process

37. The European Parliament

38. "Direct election
"Part of the codecision
"Proposals are discussed in commission then in plenary
"For each text a rapporteur within the committee
"« shadow rapporteur » for each political group
"Rapporteur and « shadow rapporteurs » from other
committee
"A « coordinator » in each political group

39. Plenary Room Strasbourg

40. EU Parliament by political group

41. Men - women

42. Committees

43. •Passing European laws
•In many areas, such as consumer protection and the
environment, Parliament works together with the Council
(representing national governments) to decide on the content
of EU laws and officially adopt them. This process is called
"Ordinary legislative procedure" (ex "co-decision").
•Under the Lisbon Treaty, the range of policies covered by
the new ordinary legislative procedure has increased, giving
Parliament more power to influence the content of laws in
areas including agriculture, energy policy, immigration and
EU funds.
•Parliament must also give its permission for other important
decisions, such as allowing new countries to join the EU.

44. •Democratic supervision
Parliament exercises influence over other European
institutions in several ways.
When a new Commission is appointed, its 28 members – one
from each EU country – cannot take up office until Parliament
has approved them.
If the Members of the European Parliament disapprove of a
nominee, they can reject the entire slate.
Parliament can also call on the Commission to resign during its
period in office. This is called a 'motion of censure’.
Parliament keeps check on the Commission by examining
reports it produces and by questioning Commissioners.
MEPs look at petitions from citizens and sets up committees of
inquiry.
44

45. •Supervising the budget
•Parliament adopts the EU’s annual budget
with the Council of the European Union.
•Parliament has a committee that monitors how
the budget is spent, and every year passes
judgement on the Commission's handling of the
previous year's budget.
45

46. Code of Conduct for MEP
• Financial declaration
• MEPs will have to state, publicly and on line, any professional activity performed
during the three years before their election, as well as any membership of any board
of companies, NGOs and/or associations held during that period or currently.
• Any remunerated activity undertaken during the term of office, including writing,
lecturing and providing expert advice, even if occasional, will have to be made public
if it earns more than €5,000 a year.
• Financial support of any nature and any financial interest that may cause a conflict of
interests will also have to be disclosed. Any change to the declaration must be
notified within 30 days and in the event of failure, the member will no longer be
eligible to hold offices within Parliament.

47. • Sanctions
• Should the code be breached, and upon a decision by the President after having consulted an
advisory committee, a member may be sanctioned with a reprimand, a forfeiture of the daily
allowance from two up to ten days, temporary suspension from Parliament's activities (not
including the right to vote) for a maximum of 10 days, or the loss of the role of rapporteur or
other elected offices within Parliament (for the latter two sanctions, a confirmatory decision by
the President is needed). Any such sanctions will be published on Parliament's web site.
• Former MEPs
• Former MEPs who subsequently work as lobbyists in a field directly linked to EU affairs will not
benefit from the facilities otherwise provided, during the time of such activity.
• Advisory committee
• An advisory committee will provide guidance to MEPs and advise the President on what steps to
take in the event of alleged breaches of the code.
• Next steps
• Parliament's Bureau will lay down measures for implementing the code of conduct, and in
particular for the introduction of a monitoring procedure.
• The code of conduct was approved with 619 votes in favour, 2 against and 6 abstentions. The
new rules enter into force on 1 January 2012.

48. 48

49. Commission

50. 50

51. 51

53. • Initiative
• Executive
• Safegard of the treaty
• Represent the Union
• Competition authorithy

54. Source: touteleurope.eu

55. Commission’s different
documents
DG/Département Juridique
Action plan
initiatives to come within 12 to 60 months
Green book
open document subject to discussions
White book
document with a claer goal subject to discussion
Communication
ideas subject to discussions
Directive
Must be transformed in national law
Reglement
immediately applicable in the member states

56. Development of a proposal
Draft Proposal
from DG Responsible
Inter-service consultation:
Other DGs consulted
Legal
Services
Examination
Heads of
Cabinet
Commission College:
Adoption of the Proposal

57. Council

58. The basics…
• Consists of Member State representatives
• Meets in different formations according to policy areas (e.g.:
Environment, Agriculture, Health)
• Main decision-making body of EU
– Co-legislator with Parliament
– Concludes international agreements on behalf of EU
• Decision making:
– Decisions by qualified majority with system of weighted votes
– Shifting alliances
– Slowing down with 27 Member States

59. Source: Your Guide to EU Lobbying & Social Media Caroline De Cock

60. Source: Your Guide to EU Lobbying & Social Media Caroline De Cock

61. Source: Your Guide to EU Lobbying &
Social Media Caroline De Cock

62. 62

63. • Rotating Presidency every
six months
• New role for council
president ?
• In practice, depending on
the Member State each
Presidency is different and
quality varies
EU Council Presidency

64. 64

65. The Council: internal structure
Council of Ministers
COREPER
Council Working Groups
Presidency:
manages process
and
work-flow
Input from Member
States

67. Council Working Groups
- Member State Officials
- Attachés
28 Delegations
composed of
Tour de table= 135 minutes

68. The « compromis à la belge » system
• The H word: Harmonisation.
• What does it means
• Where does it start?
– Your company
– Your region compromise 1
– Your country compromise 2
– Your national federation compromise 3
– The eu organization compromise 4
– The co-decision compromise 5
– The various lobbies compromise 6
– The final text compromise 7
– The implementation compromise 8
– That’s harmonization folks…

69. EU TRIANGLE
Counsel
Member states
Commission
EU Voice
Parliament
Citizen’s voices

70. Relations entre institutions
PARLEMENT
EUROPEEN
[785 députés]
COMMISSION
EUROPEENNE
[27 commissaires]
COUR DE
JUSTICE
Respect du droit
communautaire
Proposition
Exécution
CONSEIL EUROPEEN
[Chefs d ’Etat et de gouvernement
+ le Président de la Commission]
Impulsion
politique
COMITE
ECONOMIQUE
ET SOCIAL
COMITE
DES REGIONS
COUR DES COMPTES
Consultation
Contrôle des Finances
communautaires
CONSEIL DES
MINISTRES
[27 pays]
Contrôle
Vote

71. OCT 01
EUROPEAN
COMMISSION
EUROPEAN PARLIAMENT
(EP)
COUNCIL OF MINISTERS (EU
MEMBER STATES)
COMMISSION PROPOSAL
EP PLENARY VOTE
(1st READING)
COUNCIL ADOPTS COMMON
POSITION (1st STAGE
AGREEMENT)
OCT 02
NOV 03
COUNCIL AGREES AND ADOPTS
COREPER REJECTS SOME EP
AMENDMENTS
EP AND COUNCIL MEET
TO NEGOTIATE
COMPROMISE TEXT
(CONCILIATION
PROCEDURE)
DIRECTIVE IS ADOPTED REJECTION
JAN 04
OCT 02
MEMBER STATES IMPLEMENT DIRECTIVE INTO NATIONAL LEGISLATION /
REQUIREMENTS OF REGULATION BECOME APPLICABLE
EP COMMITTEES DISCUSS DRAFT
REPORT/OPINIONS
OCT 03
DEC 03
COMMISSION AMENDED
PROPOSAL
FEB-APRIL 04
MAY 02
EP ENVIRONMENT COMMITTEE VOTE
EP ENVIRONMENT COMMITTEE
DISCUSSION
EP PLENARY VOTE
(2nd READING)
EP ENVIRONMENT COMMITTEE VOTE
EC
EP
EP
EP
EP
EP
EP
EP
EP ENVIRONMENT COMMITTEE
RECEIVES COMMON POSITION (2nd
READING)
JAN 04
EP
No later than 18
months after
adoption
CL FEB 04
OCT 01EP
EC: Commission
CL: Council
EP: Parliament
RAPPORTEURS TABLE DRAFT
REPORTS/OPINIONS
TRIALOGUE (EP, COM,
COUNCIL)
RAPPORTEURS APPOINTED
NOV 03CL
DEADLINE FOR AMENDMENTS
CL JUNE 03
HEALTH WORKING GROUP
MEETINGS
JAN 04EC
COUNCIL HEALTH
WORKING GROUP
INTENSE NEGOTIATIONS
COMMISSION AMENDED
PROPOSAL
Co-Decision is now the norm

72. Be at the right place at the right time
Stages Addressee for Lobbying
Commission proposal
Council (Working Group, Coreper,
Council of Ministers) - First Reading
European Parliament
First reading
Common Position of the Council
European Parliament – second reading
poss. Conciliation procedure–3rd reading
Adoption of legislation
Consultation
I. Working/Strategy Paper
II. Green/White Book, Communication
III. Online Consultation
IV. Hearing
Attending hearing
European Commission
Addressing author of documents
Responsible National Ministry
MEP’s in responsible committee,
Rapporteur
(Commission)
Attending hearing
(poss. Hearing of experts)
Responsible National Ministry
MEP’s in responsible committee
Rapporteur
Rapporteur
Responsible National Ministry

73. Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
• Who are the lobbyists?
• How to lobby?
• What do the lobbied think ?
• The lobbyist’s code of conduct
• There are still some open questions

74. 74

75. Ca existe aussi en France !
75

76. 76

77. Brussels the place to be !
80% of national law comes from EU
Necessary to be there in order
to anticipate
to be heard on time

78. Commission
Lobbyist
Committees
(national experts
and European
Commission)
Committees of the
european Parliament
Permanent
Representation
to the European inst.
Council‘s
Working Groups
European
Parliament
European Economic and
Social Committee
COREPER
Lobbyist
Council
European Court of
Justice
Member States
EU-citizens
Lobbyist
Opinion Opinion
Proposal
Opinion
Opinion
Directive
Regulation
EU – Legislative proces and the lobbyists
Lobbyist

79. Brussels the place to be: everybody is there, so...
Commission Parlement Conseil des Ministres
Services
financiers
FBE, EACB, ESBG,
GEBC, EUROFINAS,
EFAMA, CEA, …)
Think tanks
(Eurofi,
Bruegel,
CEPS, EPC, …)
Consultants en
Affaires UE &
cabinets d’avocat
Medias &
journaux
Syndicats
d’industrie locaux
(MEDEF,
FBF, AFG, …)
Secteur privé
(Crédit Agricole S.A.,
Daimler Chrysler, …)
Les régions &
Collectivités
locales
ONG
Organisations
Internationales
(NUs,
Banque Mondiale, …)
Chambres de
commerce et
d’industrie
Groupes de
Consommateurs
(BEUC)
Représentations
des
Etats membres
Syndicats
de branche
d’activité
(Business Europe,
EBIC, ACEA,
CEFIC, …)
Syndicats de
Travailleurs
(ETUC, …)

80. Veille règlementaire européenne
Tapez
pour
saisir le
texte
Direction
juridique
Tapez
pour
saisir le
texte
Affaires
Européennes
Tapez
pour
saisir le
texte
Direction
stratégiques
Tapez
pour
saisir le
texte
Direction
Economique
Tapez
pour
saisir le
texte
Lignesde
métier
Syndicats
d’industrie
(FBE, FBF,
EACB, GEBC,
Eurofinas, …)
Think tank
Consultants
spécialisés
Affaires UE Medias &
journaux
Institutions
Européennes
Correspondant
à Bruxelles

81. Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
5. Who are the lobbyists?
• How to lobby?
• What do the lobbied think ?
• The lobbyist’s code of conduct
• There are still some open questions

82. 82
http://www.youtube.com/watch?v=UgA5gL_peNI

83. Lobbies in Brussels
! approx. 5000 organisations representing various
interests
! approx. 30.000 lobbyists
! approx. 30.000 commission officials (40% of them are
translators and interpreters)
# Almost 1 lobbyist per commission official

84. What are interest groups?
• An interest group (also called
an advocacy group, lobbying
group, pressure group (UK),
or special interest) is a
group, however loosely or
tightly organized, doing
advocacy: those determined
to encourage or prevent
changes in public policy
without trying to be elected.

85. Lobbying
• Lobbying is an attempt to
influence policy-makers to
adopt a course of action
advantageous, or not
detrimental, to a particular
group or interest.
• A lobbyist is a person
employed by a group, firm,
region or country to carry

86. Theoretical approaches
• Negative ideas on power of interest groups.
• Some authors find the existence of the interest groups as
disturbing democratic process.
• For these Authors, powerful groups dominate politics and
impose their own interests at the extend of common interests.
• Different from political parties, they are not aspiring for formal
political power both in the government or in the parliament.
• As such they are not subject to democratic control (via
election). They participate in the political process through
lobbies with representatives and government officials.

87. • Pluralism.
• The main character of a democratic system is
competition of interest.
• Common interests are not what the state
defines, but a result of political bargaining in the
society, in the diversity of interests represented
by various autonomous interest groups.
Theoretical approaches

88. Theoretical approaches
• Corporatism.
• This theory assumes a close association between state and
interest groups.
• Interest groups within this system have special characteristics:
officially recognised, monopoly of representation within
particular sectors.
• It is political participation of different style or, more
appropriately, part of a regulation system rather than
competitive participation in the political process.
• It does not reflect the influence of the society’s interests.
Rather it reflects the problems of conflicts of society’s interests

89. Main types of IG’s in the EU
• Private interests, pursuing specific economic
goals
– 1300 (plus 270 law firms and consultancies)
• Public interest bodies, pursuing non-economic
aims
– 300 (plus 40 think tanks)
• Governmental actors, representing different
levels of government but not forming part of the
national administration of member states
– 360 (embassies, regional bureaus, cities)

90. Private economic interests
• Most represented
– 150 groups – chemical industry
– 140 groups – food and drink sector
– 88 groups – agriculture and fisheries
• Best represented – Pan-european groups:
– Business Europe
– European Trades Union Confederation (ETUC)
– Committee of Agricultural Organizations (COPA)
– They also participate in the Economic and Social
Committee of the European Commission

91. Private economic interests
• The biggest enterprises are not only
members of different interest groups but
have their own lobbying offices in Brussels
(Philips, IBM, Philip Morris)
• 320 major European enterprises have full-
time EU public affairs directors
• Chambers of commerce don’t come only
from EU countries but also from the US,
Turkey, Norway, Morocco, or the
Philippines

92. Public interest bodies
• Among the most active are environmental,
public health, human rights, animal
welfare NGOs
• Also includes think tanks
• Many smaller organizations actually get
funding by the EU

93. Governmental Actors
• 167 Non-EU country embassies
– Mostly try to influence EUs trade and aid
policies
• Delegations from local authorities or
regional bodies: German Länder, Scottish
Executive, …
– some of the delegations are cross-border
enterprises

94. Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
5. Who are the lobbyists?
6. How to lobby?
7. What do the lobbied think ?
8. The lobbyist’s code of conduct
9. There are still some open questions

95. Council
Adoption
Commission
(amendments)
Parliament
(2nd reading)
Council = Common
Position
COREPER
Council Working Group
Commission proposal
24/30months
Com
m
ission
involvem
entthroughout
Conciliation
EP/Council
Commission (revision)
Parliament (1st reading)
Council Working Group
The Lobbying pyramid

96. How to Lobby the council
• Influencing the Council can be done at two levels:
– National governments and ministries
– Permanent representations in Brussels
• Important to build support around an issue in enough
member states so as to ensure a majority or a blocking
minority
• Lobbying the government is key in order to influence the
Council’s position

97. How to lobby the commission
• The Commission is a technocratic body, and officials respond to data and
arguments
• However, when lobbying you need to be aware of different DGs’ political
priorities, and those of the Commissioner
• One DG is responsible for a dossier, but agreement is reached by the
Commission as a whole and different DGs interact throughout out the
adoption process of a proposal
• Within the same DG, it is important to work your way up the Commission’s
structure: from the policy officer to the head of unit, to the Director and
finally the Cabinet.
• The right moment to influence the Commission is when they are in
process of drafting the proposal
• During the adoption of legislation the Commission is present at each stage
of the discussions and a key player, do not underestimate its influence

98. Checklist of key points
• Know your business objective
• Understand the system: its
politics and processes
• Establish the right lobbying
objective
• Obtain good intelligence
• Review and revise strategy in
real-time
• It is a process – start early and
follow through
• Consistency and co-ordination
are keywords
• Contact is key – with politicians,
officials, others
• Build relationships

99. Influencing the Enlarged EU:
Conclusions for Business
• Start early in the process
• Mobilise support
• Target the right actors
• Build and maintain relationships
• Increase focus on the EP
• Watch out for a “multi-speed Europe”

100. The Burson-Marsteller
Campaign Model

101. Checklist: effective EU-Lobbying
• Do I have all and up-to-date information?
• What is my objective? Clear, precise and “European”
arguments, anticipate counter-arguments
• Who is my target group? Technical or political level?
• Language?
• How do I communicate my position? Conversation,
position paper, public consultation, media?
• When is the best time? In time before and during formal
decision process.

102. Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
5. Who are the lobbyists?
6. How to lobby?
7. What do the lobbied think ?
• The lobbyist’s code of conduct
• There are still some open questions

103. http://fr.slideshare.net/MariaCarvalhosa/lobbying-survey-report?qid=a087a88a-669e-43a9-b5f4-6bb027a205dc&v=default&b=&from_search=9

104. 104

105. 105

106. 106

107. 107

108. 108

109. 109

110. 110

111. 111

112. 112

113. 113

114. In Conclusion:
Lobbying the EU System
• Integral to EU legislative & regulatory system
• Welcome if conducted in an ethical manner
• Effective if intelligent and professional
• Influence a function of interests represented

115. FINAL THOUGHTS…
• « Everybody is a foreigner in Brussels »
• Effectiveness = strategy and performance
• « Networking » is the differentiating factor
• “Trust” is the essential personal asset

116. Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
5. Who are the lobbyists?
6. How to lobby?
7. What do the lobbied think ?
8. The lobbyist’s code of conduct
• There are still some open questions

132. Code of conduct
Interest representatives are expected to apply the principles
of openness, transparency, honesty and integrity, as
legitimately expected of them by citizens and other
stakeholders.Similarly, Members of the Commission and staff
are bound by strict rules ensuring their impartiality. The
relevant provisions are public and contained in the Treaty
establishing the European Community, the Staff Regulations,
the Code of Conduct for Commissioners and the Code of
good administrative behaviour.

133. RULES : Interest representatives shall always:
1.identify themselves by name and by the entity(ies) they
work for or represent;
2.not misrepresent themselves as to the effect of registration
to mislead third parties and/or EU staff;
3.declare the interests, and where applicable the clients or
the members, which they represent;
4.ensure that, to the best of their knowledge, information
which they provide is unbiased, complete, up-to-date and not
misleading;
5.not obtain or try to obtain information, or any decision,
dishonestly;
6.not induce EU staff to contravene rules and standards of
behaviour applicable to them;
7.if employing former EU staff, respect their obligation to
abide by the rules and confidentiality requirements which
apply to them.

134. Table of Content
1. What is lobbying?
2. The EU institutions
3. The EU Legislative process
4. Why lobbying?
5. Who are the lobbyists?
6. How to lobby?
7. What do the lobbied think ?
8. The lobbyist’s code of conduct
9. There are still some open questions

138. Problems of Lobbying in the EU
• Distorted information is provided to the EU
institutions about the possible economic,
social or environmental impact of draft
legislative proposals.
• Modern communication technologies
(internet and e-mail) make it easy to
organise mass campaigns for or against a
given cause, without the EU institutions
being able to verify to what extent these
campaigns reflect the genuine concerns of
EU citizens.

139. The legitimacy of interest representation by European
NGOs is sometimes questioned because some NGOs
seem to rely on financial support from the EU budget as
well as on political and financial support from their
members.
• By contrast, according to many NGOs, there is no level
playing field in lobbying because the corporate sector is
able to invest more financial resources in lobbying.
• In general terms, there is criticism about the lack of
information about the lobbyists active at EU level,
including the financial resources which they have at their
disposal.

140. And the war is clearly not finished
http://www.alter-eu.org/

141. Future regulations ?
• Should not be a matter of voluntarily
complying like current EU Commission
• Regulations - codified, formal rules passed by
government and written in law that is enforced
and must be respected.
• Noncompliance results in penalisation, fines or
jail.
Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010

142. Examples of such rules:
• Register with the state before contact can be made with
public officials,
• Indicate which public actors the lobbyist intends to influence,
• Provide state with individual/employer spending reports
• Have a publicly available list with lobbyists details available
for citizens to scrutinize,
• Former legislators cannot immediately become lobbyists
once they have left public office (‘cooling off’ period).
Theoretical justification is based on ensuring transparency
and accountability.
Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010

143. • Germany, the EP, the EU Commission, and Poland.
Characteristics:
• Individual registration, but little details given
• Does not recognize executive branch lobbyists.
• No rules on individual spending disclosure.
• Weak system for on-line registration
• Lobbyists lists are available to the public, but not all details collected/
given
• No Cooling-Off period – exception Poland and EU Commission.
Lowly Regulated Systems
Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010

144. • All Canadian jurisdictions, several US states, Lithuania,
Hungary, all Australian jurisdictions and Taiwan.
Characteristics:
• Individual registration more detailed
• Recognizes executive branch lobbyists - exception Hungary
• Some regulations on individual spending disclosures - exception
Australia federal
• On-line registration (Ontario very efficient )
• Public access to frequently updated lobbying register
• State agency conducts mandatory reviews/audits
• Cooling off period before former legislators can register as lobbyists -
exception Hungary.
Medium Regulated Systems
Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010

145. • America federal and states.
Characteristics:
• Rigorous rules on individual registration
• Recognizes executive branch lobbyists
• Strong regulations on individual spending disclosure
• Strong regulations on employer spending disclosure
• On-line registration
• Public access to frequently updated lobbying register
• State agency conducts mandatory reviews/audits – with statutory
penalties for late/incomplete filing of registration form.
• Cooling off period before former legislators can register as lobbyists
Highly Regulated Systems
Source: Regulating Lobbying: Promoting Transparency or Straw Man, Presented by: Professor Gary Murphy, Dublin City University TCD, 12th March 2010

146. Lowly Regulated
Systems
Medium Regulated
Systems
Highly Regulated
Systems
Registration
regulations
R u l e s o n i n d i v i d u a l
registration, but few details
required
R u l e s o n i n d i v i d u a l
registration, more details
required
R u l e s o n i n d i v i d u a l
registration are extremely
rigorous
Targets of
Lobbyists
Defined
Only members of the
legislature and staff
Members of the legislature
and staff; executive and
staff; agency heads and
public servants/officers
Members of the legislature
and staff; executive and
staff; agency heads and
public servants/officers
Spending
disclosure
No rules on individual
spending disclosure, or
e m p l o y e r s p e n d i n g
disclosure
S o m e r e g u l a t i o n s o n
i n d i v i d u a l s p e n d i n g
d i s c l o s u r e ; n o n e o n
e m p l o y e r s p e n d i n g
disclosure
Ti g h t r e g u l a t i o n s o n
i n d i v i d u a l s p e n d i n g
disclosure, and employer
spending disclosure
Electronic filing Weak on-line registration
and paperwork required
Robust system for on-line
registration, no paperwork
necessary
Robust system for on-line
registration, no paperwork
necessary
Public access List of lobbyists available,
but not detailed, or updated
frequently
List of lobbyists available,
detailed, and updated
frequently
List of lobbyists and their
s p e n d i n g d i s c l o s u r e s
available, detailed, and
updated frequently
Enforcement L i t t l e e n f o r c e m e n t
capabilities invested in state
agency
In theory state agency
possesses enforcement
c a p a b i l i t i e s , t h o u g h
infrequently used
State agency can, and does,
conduct mandatory reviews /
audits
Revolving door
provision
No cooling off period before
former legislators can
register as lobbyists
There is a cooling off period
before former legislators can
register as lobbyists
There is a cooling off period
before former legislators can
register as lobbyists

147. So lobbying will continue to
exist…

148. And do not imagine it’s not there

149. Jacques Folon
+ 32 475 98 21 15
Jacques.folon@ichec.be

150. QUESTIONS ?

152. Sources and references
• EU commission web site http://europa.eu/index_fr.htm
• Burson marsteller http://www.burson-marsteller.com/default.aspx
• http://www.euractiv.com/fr/
• http://www.lobbying-europe.com/
• Source: Regulating Lobbying: Promoting Transparency or Straw Man,
Presented by: Professor Gary Murphy, Dublin City University TCD, 12th
March 2010
•