A brief comparative approach of Lobbying - Lobbying a democratic play or a political deviancy? A first definition / The cultural dimension / A need for a regulation to avoid any trouble for the democracy.

1. AApppprrooaacchh ooff tthhee
EEuurrooppeeaann lloobbbbyyiinngg
European Union and comparative approach
Lobbying ? Democratic play
or political deviancy?
By prof.Viviane de Beaufort, Essec business school, jean
Monnet chair

2. Outline
Lobbying, a first definition
1/ Lobbying is a professional activity
2/ Lobbying includes a cultural dimension
« / Is there a need for a regulation to avoid
any trouble for the democraty?
Keywords: Lobbying, ethics, public debate, democraty

3. Did you say : Lobbying?
A first definition:
- pressure group that tries to influence policies
- activities of persons representing a group of
interests
- communication technique that aims to influence
public authorities …
Beyond the simple expression of a viewpoint,
lobbying can be a means of helping a public
decision-making body

4. 1/ Lobbying is a professional
activity
Do to an efficient lobbying requires:
To anticipate (strategic approach)
To provide proper arguments, technical to convince
To be able to build an ad hoc network (strategic
alliances) because a specific interest will not be
accepted.
You need to share acceptable views, meaning the
“public interest” or close to it.
In this way, lobbying is a sort of expertise

5. Few steps of lobbying
- Monitoring
to have the good information - at the right time
- To get involve from the get-go
- Doing lobbying : Mediation with public powers
(proposition of text, proposal of amendments,
explanations – the good argument)
- Possible Institutional Communication with the
media & public (the right folder)

6. Lobbying Actors at Brussels
Professional federations,
Offices of large companies
Lobbying consulting firms
Regions or Lander,
Chambers of Commerce,
States from outside,
Non- governmental organisations (NGO)

7. No specific diploma but a real
job
While it requires no specific training, no specific
diploma…
Lobbying is clearly a distinctive job that demands
the knowledge of the institutional system,
understanding of laws and texts, a good sense of
public relations and communication, languages,
and – increasingly – specific technical
expertise.

8. 2/ A comparative
approach
Cultural backgrounds

9. Lobbying at Brussels (EU)
When you are in Brussels, it is a lawful activity and even a necessity.
Lobbying is the condition of a dialogue between political leaders and civil
society.
Lobbying is a useful representation of economic interests but also an
emerging civil society.
The Commission and the European Parliament welcome and encourage it.
But in some States, as in France: it is less clear, sometimes it is assimilated
to private interest traffic…

10. Lobbying roots are in the US and
GB
In US, lobbying is virtually a civic duty
(the 1st Amendment of the Constitution)
The presence and role of medias, lawyers is important ,
grassroot lobbying is well developped.
In GB, lobbying is a part of the Political game.
Elected officers support and fully disclose private interests
Lobbying is widespread in anglo-saxon culture.

11. The Latin Lobbying remains
often secret and suspicious
 Rely heavily on networking at the highest level.
 General interest supersedes private interest as
the majors players are representative employers’
organizations and elected officers.
 There is a tradition of State expertise and elitism.
 In a way, representative democracy excludes
direct democracy for a part
as a result , Lobbying exist … But it is not so
clear.

12. EU & Latin world- a brief
comparison
 Consensus culture at the European Union scale but more clash
culture in Latin world
 Critical influence of Expert opinion and consultations on the political
decisions at the EU, Little influence of the Expert on the decision
making process in Latin world
 Elitism influence and network is Strong in Latin world
 In politics, Right / Left wing split is Weak in EU, Strong in Latin world
 Parliament weight in political life is Strong in EU, Weak in latin world
 Influence of the civil society is Strong in EU, Weak in Latin world
 Network are strong but the « street » demonstrations can play a role.
Openness towards lobbying at the EU,general denial of lobbying
activities in Latin world

13. Habits of Lobbying at Brussels
At the end, everyone is doing lobbying At Brussels but…With different
resources and approaches
US : A highly structured and active Lobby with the Amcham EU
Committee (American Chamber of Commerce in Belgium) that
represents numerous of US private entities;
Germany : Professional Federations Lobbying /Sector experts are
solicited by politicians / Active members of the parliament gather in
important movements.
French people have taken on the logic of the system, even the
Permanent Representation plays an important role trying to
establish links with civil society

14. 3/ Lobbying a tool or a threat for
democracy? Depending on…
 Lobbyists are relays between civil society and civil
servants or politics.
 Lobbyists are mouthpieces for modern participative
democracy.
 Lobbying has become more and more a normal practice.
Businesses, NGOs and all of civil society react more and
more strongly when public decisions jeopardize their
interests.
 The usual channels of representation and dialog no
longer suffice. On a day to day scale everyone try to bring
its own view in the debate.

15. A tool or a threat ? Depending
on…
As a consequence, public authorities pay
increasing attention to what civil society has to
say.
Consultations before taking any decisions are
more and more systematic (at the European
scale : green papers, consultations on the
Europa website, white book, surveys, public
hearings led by the European Parliament).

16. Ethical lobbying , a
requirement
In this perspective, few questions remain:
How to perform the functions of a lobbyist with professional
competence, personal integrity and civic responsibility?
How to assure the public that lobbying is done ethically ?
How to be sure in the integrity and impartiality of government
decision-making?
There should be an “Ethically responsible lobbying”
which serves the public debate with a clear
identification of all of the interests being
represented in the attempt to influence policy.

17. Regulation or Code of ethics?
Which system of lobbyist registration and
disclosure?
Is it useful to elaborate an EC rule or maybe
national rules?
The comparison made shows there is no clear rules
of game (see in the article - table annex 2)
GB : No regulation / No registry / Numerous Interparlementary Groups
Germany : Registration and official pass rights
France: Not recognized by assemblies, pass rights without clear rules
Is it better to establish a common Code of conduct
and professional regulations?

18. Regulation of professionnal
codes?
 Lobbying is a job that most professionals carry
out in compliance with the law and morals. But
where power and money mix, this may not always
be the case; hence the need for rules.
 Be they regulatory or professional, the rules must
meet at least two criteria: they must create
transparency, and must make it possible to
pick out rotten apples.

19. The debate is now spreading
in States with an alternative
The diversity of countries’ situations, profiles and activities makes it impossible to draw up an
official ‘regulated profession’-type statute for all lobbyists. See OCDE principles
Professional lobbyists must put forward a professional standard that acts as a
seal of quality.
A code of ethical principles but also sanctions in case and a control body
(See Canada rules)
What about in each State, an “ethics committee” made up of professional lobbyists and institution
members, to guarantee independence as well as competence.
Members would be (consultants, salaried lobbyists, NGOs) appointed for five years by cooptation
and renewable by half to ensure the committee remains continuous and not stifled (members
cannot be reelected to ensure greater independence of judgment), along with officials and
academics
[

20. As a conclusion…
 In any modern democracy, a place must be done to a direct
expression of private economic and social interests.
 Lobbying is therefore a tool for an efficient democracy if…
these activities are conducted in an ethical and professional
way
 To improve transparency with registers at the European and
national scales is a good think, to the other hand
professional lobbyists must ensure a self control and
regulation of their jobs.