Legal Eye: EU keeps lobbying simple

However, if I were a lobbyist and could choose whether to work in Poland or at the EU, I would already be on a plane to Brussels.

The EU's take on lobbyists is essentially a gentleman's agreement on good conduct. It appears to assume that all players will abide by the rules, but requires some reporting for transparency and honesty's sake. The definition of a lobbyist for the purposes of registration is telling. In the EU, lobbyists are "persons who wish to enter Parliament's premises frequently with a view to supplying information to Members [of the European Parliament] within the framework of their parliamentary mandate in their own interests or those of third parties."

Poland's Act of July 7, 2005 on Lobbying in the Legislative Process (in effect as of March 7, 2006) takes a more skeptical stance. The Act even goes so far at to require public officials to prepare reports on every meeting with a professional lobbyist.

Having said that, EU lobbying does have some firm rules, and those who break them may be denied access to Parliament.

Registration and access

The procedure for becoming a registered EU lobbyist is simple. You need to sign the register of lobbyists kept by EU officials called the Quaestors (formerly a Roman official responsible for collecting public revenues and maintaining records about them). Further, you must agree to adhere to the Code of Conduct for lobbyists. Having done this, the Quaestors should issue you a one-year pass to the EU Parliament. The pass does not grant a lobbyist any greater access than any other EU citizen, but it eases entry.

Support reports  

The support reports are an instrument for verifying that everyone is playing by the rules. Members of the European Parliament (MEPs) must file declarations with the Quaestors regarding, among others, any 'support', be it financial, material or staffing, received "in connection with [the MEPs'] political activities" from anyone. MEPs must also disclose who provided the support. Moreover, as part of the Code of Conduct, lobbyists themselves are charged with confirming that MEPs have properly declared support received from them.

Beyond the reported support, MEPs are forbidden from accepting any other gifts or benefits for serving as MEPs. If they have a financial interest in an issue under debate, they must state it, before taking voice on the issue.

Good conduct rules

Now, about that Code of Conduct. It's a short document containing 10 rules. Some of the rules relate to information being presented or gleaned. For example, you shouldn't obtain information by dishonest methods, you need to state who you represent, you can't imply that you have some formal ties with the Parliament, and you can't sell documents you received from the Parliament.

Others concern adherence to the rules, such as those on MEP disclosure about support received from lobbyists and the ban on MEPs' accepting gifts. Finally, the Code of Conduct has rules on revolving-door relationships, including hiring of former MEPs and conduct of former-MEPs-turned-lobbyists.

As with many professions (including us lawyers), EU lobbyists have also decided to self-regulate. For example, the Association of Accredited Lobbyists to the European Parliament has adopted an extensive set of principles on ethical conduct for lobbyists.

Judith Gliniecki is the Managing Partner of Rymar and Partners. E-mail: j.gliniecki@rymar.pl