Lobbying, draft law raises debate among interest groups - The term should be redefined. Difference between public and private interest activities
From separating the public interest advocacy activity of civil society organizations from that of self-interest, to the illegitimacy of informal meetings of public officials as lobbying, the draft law on lobbying has raised many discussions from interest groups.
A few months ago, a draft law on lobbying was published for public consultation, the first time that Albania has taken a step towards regulating this activity by law. The consultation process has now closed and a number of civil society organizations have provided their suggestions on improvements that need to be made to the draft law.
According to the European Movement in Albania (EMA), Partners-Albania for Change and Development, the Institute for Cooperation and Development (CDI Albania) and four other organizations, the draft law should make a clear distinction between advocacy activities of public interest, such as that of civil society organizations that do not have any profit, and advocacy activities of private interest, behind which there is economic benefit.
The European Movement suggests following the exclusionary model as in Lithuania, Latvia, Slovenia, Austria, Australia and North Macedonia, where a clear distinction is made between professional lobbying and advocacy in the public interest, exempting non-profit organisations from registration and reporting obligations. The lack of separation between lobbying activity for remuneration and public advocacy in the general interest may create unnecessary administrative burdens for civil society and limit the exercise of their role as legitimate actors in public decision-making processes.
On the other hand, the Albanian Helsinki Committee also suggests a redefinition of the term. The draft law states that lobbying is any activity undertaken with the aim of exerting influence on public, legislative or policy-making processes, through any form of communication or formal or informal meetings, with public officials, by natural or legal persons representing certain interests. The committee emphasizes that the informal network between large businesses and public officials can constitute an illegal influence on decision-making processes, so the concept of “informal meetings” should be removed, as they can constitute a premise for the exercise of illegal influence.
Regarding sanctions for violations, the ALTAX Center also believes that a gradual scale of sanctions and appeal mechanisms, both light and heavy, should be created.
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