Regulation and optimization of lobbying activities in Bulgaria. Бургас.

06.09.2010 14:13 Новината е видяна 8544 пъти

Regulation and optimization of lobbying activities in Bulgaria
Legal lobbying phenomenon, in contrast to measures of law enforcement and security post factum can be proactive and preventive powerful weapon in the fight against such a threat to national security and national priorities, such as corruption. Scientific work is addressed primarily to representatives of state administration, in addition to scientists, teachers, postgraduates, students, representatives of state and public organizations in general to all those interested in socio-political situation in our country and which is not indifferent to the direction and pace of development of civil society in our country. Since the representation of group interests is not traceable and transparent basis, the development of the country does not depend on the actual interests and reach of these groups or those in the center of that strategic government decisions. In the spirit of carefree professed liberalism could not take any effort by progressive waiting to replace the old. Nevertheless, we risk not dozhiveem desired results not only in the distant future, but never. International competitiveness caused by inefficient mechanisms upon the consensus of interest groups and formations of the direction of development may lead to the collapse of the Third Bulgarian state, like the First and Second. Effectiveness of political and economic organization of society in terms of existing political realities can be increased at the expense of development and civilized modes of representation of interests of different social grupi1. This should be done nebarzo, evolution, considered outside barzopreminavashtite campaigns like "fighting corruption". Corruption is an innate behavioral program primates, and therefore can not be eradicated, it remains within human biology. But it can be modified so essential that its phenomena can not be called corruption. In developed countries with public tender opportunities are vpiva the level of mastery of the cultural differences between dishonest speculation and fair trade between bribery and lobbying civilized. If the first law pursue them, the latter represented fully respektabilen business, multiplying each cultural wealth of business narodite.2
It is the concept of lobbying regulation, order of carrying out lobbying activities, order of accreditation of subjects lobbying line of withdrawal of authorization for lobbying, rights and obligations of lobista, list of unlawful forms of lobbying. And what is the situation today:
- The Bulgarian legislation on lobbying is incomplete and late situations and reflect social trends in political, economic and satsialnata field, which negatively affects the adequacy of legal normi.3
-There is no scientifically proven link between the system of legal acts have collisions in the legal regulatsiya.4
Incomplete and inconsistent-legal regulation of existing forms and organizations lobiraneto.5
-Lack of precise legal regulation of lobbying activity itself, its scope and palnomoshtiya.6
-Lack of commitment and ravnopravnost bodies and organizations with lobbyists deystviya.7
Lobbying in legal practice in Bulgaria already has. There is a need for its impact as a whole in the Bulgarian legislation. How to solve are the establishment of a uniform law on lobbying or create chapters in specialized lobbying laws. This will reduce corruption, increase the publicity and legitimacy to take decisions to give zokonen order of public interaction - authority to ensure implementation of the constitutional rights of Bulgarian citizens in government. In a possible law could be formulated the legal mechanism for coordination of social, economic, political and social interests of various major civil communities in these areas, to regulate the process of interaction between group interests and authorities, to define the concepts in the lobbying process. In general terms of such a law may have the following definitions:
-Lobbying activity: interaction between individuals or representatives of entities with public authorities, their officials, parliamentarians, the immediate purpose of which is influencing the development and adoption of decisions, laws - in their own interest or the interest of specific customers;
-Lobbyist - natural or legal persons carrying out free or not lobbying activity in the interests of third parties / customers / registered properly in the order in the state having authority from the client to associate organization, the duties of whom shall carry out lobbying activities of name and in the interest of the entity which is a contributor;
Client - natural or legal person in interest to whom or on whose behalf the lobbying activities take place - Bulgarian and foreign persons;
-Lobbying contact - oral, written, electronic or other communication sent by the client's name to officials and lawmakers, state and local government to influence the process in pravotvorcheskiya;
- Not permitted lobbying activity in the judiciary.
Another chapter in such a law may be the status of lobista: is entitled to receive authorization from the open state and local government law of tolerance in the bodies of legislative and executive branches, and the opportunity to meet contacts in the order established by relevant authorities; right of disposal of bodies of information and analytical materials, and proposed laws, decrees, etc.. It is necessary to provide for appeals against actions of officials in the performance of the obligations of lobista. And to identify ways of illegally lobbying: If not registered in the Ministry of Justice, if not properly licensed, if not accredited to operate in this body, which wants to operate. The first condition for legal operation must be state registered. Then - obtaining a license. Third - registration in the body where the lobby.
Is needed and regulation of forms and methods of lobbying: methods of lobbying activities, prohibited methods to influence the authorities and officials and lawmakers methods, not lobby and do not require state registration. The main methods of lobbying activities may include: providing information, documents, draft laws and decisions on matters contained in the domain of the authorities, participation in panels and committees authorized by the order of the authorities, lobbying contacts with lawmakers and officials for the purpose of moving the issues and questions and suggestions of its clients, organization of media publications for or against kokretni Bills and proposals for legislation. The prohibited methods may be enumerated: the organization of propagandistic campaigns involving frequent and business reputation, the dignity of officials and authorities, attempted bribery, the deposit of funds in the unreported parties and political movements, members of which appear subject to the process of lobbying ; funds for election campaigns of candidates for legislative and other authorities, blackmail, razprostaneniya of false information on the substance of the issue of lobbying. To the methods not yavavat lobbying may be mentioned: speeches and messages, which are made by officials within their professional competence; publications in the media, if the goal is within their normal activities, bringing information to authorities without a purpose to influence law-making process; messages in the process of running a state public committee sadaden initiative of public authorities, views and information to the committee or commission, if invited by the authorities, transparency and legality of lobbying activities must be requested to report lobista 6 months - information for customers, financial and material resources available to them, cost and performance. The responsibility of lobbyists may be subject to penalties for illegal lobbying activity or revocation of license or accreditation - for a period or permanently. Lobista responsibility of the client is included in the contract concluded between them.
Need to consider the possibilities and effectiveness of regional lobbying. As a rule of conflict between central and regional interest groups. Regional lobbying rely on line of the legislature. MPs from the region lobby for marine tourism, those from elsewhere - for winter tourism, others - for agriculture, greenhouses, vegetable production in the fourth - the industry - according to the specifics of the region, the jobs out there for investors. Therefore, parliamentary elections are the most important event related to regional lobirane.8 lobbyism traditionally implemented at the central level and osnovnnata table is interested in the regions. Have a special status for local authorities, which are separate from the system of central administration. In what situation is lobbying locally: historical conditions, underdeveloped communications, mestnicheski interests zahvalenost the far periphery, control and interference by the central authorities sanction of the Governor, a representative of the state, the centralization of financial resources available at central level other regional interests, the presence in the regions of regional branches of central administration, a single legal space in the state in the territorial and political social asymmetry, high contrast interregional razlichiya.9
Prospects for the regulation of lobbying activities in subjects of Bulgaria are not necessarily associated with the adoption of special law on lobbying. Improvement of legal mechanisms to regulate lobiskata activity depends on the improvement of the electoral law, the law governing the status of MPs from the state laws and municipal employee. Optimization of the legal regulation of lobbying activities in subjects Bulgaria is possible to introduce emerging Institute of lobbying in the legal field, secured by legislative rules for lobbying activities by certain powers and responsibilities of its actors.
Should be reported in contemporary specifics of lobbying activities in the context of globalization. Hiperkapitalizam one that unfolds in the "age of access," according to Jeremy Rifkin.10 In the new postmodern conditions in post-industrial information society or lobbying activities are becoming increasingly diverse, intensive and effective. In an age of access lobbying is mostly technology for access to power, to certain information to other information networks. Contemporary lobbying is lobbying information. In today's world markets gave way to the network-vachite sold and buyers have been replaced by suppliers and customers, and virtually everything is subject to dostap.11 lobbyists are one of those providers of consulting, intermediary services. The basis of the age of access is standing the transition from markets to networks transition from ownership to access. This is a time of progress of intellectual property. Lobbyists have the intellectual capital that is highly paid, because it is specialized in various fields. The specifics of modern lobbying consists of exchanging between suppliers and customers of certain information and expertise. Lobbying activities to search and find access to different structures of power (respectively to elected politicians or appointed officials) is available exclusively in cyberspace, in the so-called "virtual reality". If you need to specify where mostly targeted lobbying influences, the answer is - not just to all institutions of government and institutions at the operational executive. While lobbyism be vested once as "corridor effect" on decisions of the parliament today lobbying extends mainly in the executive. Lawyers talk about forming a tendency to "rationalized parliamentarism" that gives priority to democratic governance to democratic zakonodatelstvo.12 Moreover, there is an "expansion" of administrative agencies in management, make a kind of transition to administrative state. Hence, the lobby is quite understandable pressure especially at the Privatization Agency, the Public in handles, etc., rather than to MPs and ministers. Administrative priority to political principle be observed not only in terms of lobbying inside the country. In making decisions by EU institutions in Brussels is also a competition of political and administrative-chalo, the first time to prevail. Contemporary lobbying in conditions of globalization are increasingly deployed beyond the nation state - in the supranational plan - regionally and globally. Gaining momentum in the European Union lobbying and advocacy on behalf of one country to another country or group of countries on specific problem.13
There are many myths associated with the negative image of lobbyists and lobbying to prevent the perception of lobbying as an integral part of the democratic political system. These myths must be "debug", while having its major bases. This requires adequate efforts - both by authorities and by civil society organizations.
"I will try to ponder on some of the myths about lobbying wrote Ivka Tsakova - First myth: political institutions (parliament, government, etc.) are completely dominated by lobbyists. Other administrative laws and regulations do not protect the common interest and meet the specific, narrow group in-private economic interests. It's simple, but the most part - false claim, because assuming that is so, then admit that the economy overshadows most important policy that the policy is minor, unnecessary, redundant. And this is not true. If you invoke the practice of EU institutions, it is to be economically competitive European Union player in the global marketplace, it should be integrated political, implements the relevant policy objectives (for example - ensuring the quality of life, level of employment of its citizens, promoting the information society, knowledge economy, etc.). For these purposes the EU institutions are more important than the pressure of large commercial (including multinational) companies or powerful special interest groups.
The second myth states: "Money is the key to successful lobbying!" Of course, any lobbying effort has a price - transport costs, staff experts in different areas - financial, legal consulting, PR-specialists, etc. But not every expenditure of money leads to the desired effect. For example, if unlawfully funded politicians and political parties, if they proceed through the purchase of MPs "directly" purchasing management solutions "- an outbreak of public scandals could lead to a disaster for whoever pays. Practice, especially at EU level, indicating a successful lobbying campaign is not directly dependent on the costs for it. Some solid-funded campaigns ended with a real fiasco (many are examples of major corruption scandals). Conversely, some small NGO-s on a budget achieved significant successes - eg. Eurogroup for Animal Protection, European Women's Lobby and others. Are able to significantly influence the European legislative process in defense of their causes.
The third myth concerns the industry had turned into "out-think", false, kvazinepravitelstveni organizations. Such, undoubtedly there, but to generalize that the major part of NGOs is not specific zashtitatvat civic interests (of environmentalists, consumers, activists, etc.) and are designed to bring benefits to its founders - this is very extent a cliché. It is true that to apply a civic organization for funding under a program (from European or other donors), it must develop an appropriate project.

Ключови думи: лобизъм, общество, интереси, държавата, социални, кампании, дейност, лобиране, решения, власт, лица, депутати, интерес, право, информация, институции,

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