In more detail
Introduction
The participation of interest groups in the making of public policies and regulatory provisions enhances the democratic quality of public institutions and is necessary for social demands to guide policies that better meet the general interests. However, this participation must be carried out within a framework of transparency and equality.
Therefore, given that the regulation of lobbying activities is a highly relevant factor in building a culture of transparency and accountability, Spain has drafted, for the first time, a Draft Law on Transparency and Integrity of Lobbying Activities within the General State Administration and its institutional public sector. However, it is worth noting that this is not the first effort in this area, as similar regulations already exist at the regional level in Catalonia, Madrid, Valencia, and Castilla-La Mancha.
What does the Draft law seek to regulate?
The Draft law seeks to regulate the relationship between interest groups and public officials susceptible to influence, within the framework of the General State Administration and its institutional public sector.
The objective is to ensure that their participation aligns with the principles of transparency, accountability, and equality, and is consistent with a system that guarantees the prevention of conflicts of interest.
What is meant by an interest group and influencing activities?
Interest groups are defined as natural or legal persons and associations without legal personality that engage in influencing activities towards public officials as defined in the same regulation, including senior officials and members of cabinets who perform trust-based or special advisory functions. The ultimate purpose of interest group activities is to intervene in public decision-making processes or in the design and implementation of public policies and drafting of regulatory projects, for the benefit of their own interests or those of third parties, regardless of where the activity takes place or the channel or medium used to carry it out.
Additionally, the regulation expressly mentions certain entities that do not qualify as interest groups, including trade unions and business organizations in the exercise of their constitutional functions, as well as political parties.
What are the permitted influencing activities?
The Draft Law provides an indicative and non-exhaustive list of the following influence activities:
- Meetings, conferences, training courses, or other events in which public officials are invited or perform as speakers;
- Proposals for public consultations, hearings, or similar public initiatives.
- Organizing communication campaigns, platforms, networks, and similar initiatives directed to public officials; or
- Submitting documents related to public initiatives, position papers, and amendments to public officials.
What obligations does the Draft law introduce for interest groups?
Obligation to register in the State-level Interest Group Registry
A State-level Interest Group Registry for the General State Administration and its institutional public sector ("the Registry") is created. Registration will be mandatory for interest groups, as without the required prior registration, they will not be allowed to hold meetings or interviews, nor establish any contact with public officials that involve influencing activities, under the risk of being sanctioned for a very serious violation.
Registration in the Register grants certain rights, such as the right to present themselves as an interest group before public officials and the right to be included in distribution lists to receive notifications related to declared areas of activity or interests. However, it also entails obligations, such as keeping the identifying information of the interest group updated and complying with the principles of the code of conduct for interest groups.
Obligation to adhere to the conduct principles established in the Code of Conduct applicable to interest groups
A Code of Conduct is established, which outlines the conduct principles to which all interest groups are subject, regardless of whether they adopt specific codes of conduct. This Code of Conduct generally requires interest groups to act in accordance with the principles of honesty, integrity, and transparency, as well as not to offer gifts, favors, or services on preferential terms to public officials, nor attempt to influence public decision-making in an unlawful manner or by resorting to abusive pressure.
Sanctioning regime
The Draft Law establishes three types of offenses with their corresponding sanctions:
- Among the very serious violations are registering in the Registry while omitting data or documents,or submitting false ones; repeatedly acting as an interest group without being registered in the Registry or without having initiated the registration process. These are sanctioned with the cancellation of the registration in the Registry and the suspension of the application for a maximum period of two years.
- Among the serious violations are failing to comply with the obligations arising from the Code of Conduct (provided they are not considered very serious); occasionally acting as an interest group without being registered in the Registry or without having initiated the registration process and failing to update the information in the Registry. These are sanctioned with the suspension of the registration in the Registry for a period of between three and six months.
- Minor violations are unjustified delays of more than ten days in updating Registry information after being requested to do so. These violations are punishable by a formal warning.
Interoperability of the Interest Groups Registry
Finally, within the framework of collaboration between Public Administrations, interoperability criteria will be promoted between existing interest groups registries, and communication channels will be established to facilitate the use, within their respective competences, of the information contained in these registries.
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