Skip to main content
main-content

Über dieses Buch

"The authors come up with some innovative tools, namely the “Catalogue of transparent lobbying”. They look at and evaluate the impact on both key stakeholders (lobbyists and targets of lobbying), monitoring of lobbying activities and sanctioning for breaches of rules. This tool holds out benchmarking capacity of sound framework for understanding of lobbying in the context of democracy, legitimacy of decision-making and accountability."David Ondráčka, member of global Board of Transparency International, head of Transparency International, Czech Republic
"Transparent Lobbying and Democracy provides a comprehensive view into the phenomenon of lobbying... As a well-established scientist specializing in democracy, civil society and the public sphere, I see it as a useful and enriching contribution to the debate on lobbying, its necessary transparency and its role in the democratization process. This book has the potential to reach an international audience of experts and interested lay persons, and both complement and compete with publications on similar issues."Karel B. Müller, University of Economics in Prague, Czech Republic
This book deals with the current, as yet unsolved, problem of transparency of lobbying. In the current theories and prevalent models that deal with lobbying activities, there is no reflection of the degree of transparency of lobbying, mainly due to the unclear distinction between corruption, lobbying in general, and transparent lobbying. This book provides a perspective on transparency in lobbying in a comprehensive and structured manner. It delivers an interdisciplinary approach to the topic and creates a methodology for assessing the transparency of lobbying, its role in the democratization process and a methodology for evaluating the main consequences of transparency. The new approach is applied to assess lobbying regulations in the countries of Central Eastern Europe and shows a method for how lobbying in other regions of the world may also be assessed.

Inhaltsverzeichnis

Frontmatter

Chapter 1. Introduction

Abstract
If lobbying is to be perceived as a truly legitimate part of the governmental process, the lobbying industry also need to act within government rules, which should be as clear and well-defined as other parts of the democratic government are. Lobbying needs to be transparent in order, first, not to enlarge the space for corruption of public officials; second, not to erode public confidence in the system; and third, to keep the playing field level, equal, and fair for all. Transparent lobbying can actually improve democracy as a method of access to policy-makers and may improve the quality of information processed during political decision-making. The goal of the present book is to show that there exists both a theoretical basis for this argument as well as actual empirical evidence behind it.
Šárka Laboutková, Vít Šimral, Petr Vymětal

Chapter 2. Democracy and Lobbying

Abstract
This chapter discusses the relevance of lobbying for modern democracy. First, the notion of accountability as the key part of democracy is juxtaposed with other key notions of the democratic theory—participation, government, and governance. Then, specific models of democracy are briefly reviewed and compared, namely deliberate, participatory, and procedural democracy. The relationship of lobbying to these models is discussed. Finally, the two models, old and new, of government and governance, respectively, are presented together with the problem of a definition of lobbying.
Šárka Laboutková, Vít Šimral, Petr Vymětal

Chapter 3. Transparency in Democratic Decision–Making

Abstract
The chapter focuses on the necessity of transparency for the democratic decision-making process and looks for the link between transparency of lobbying and transparency of the decision-making process. Transparency, along with the concept of good governance, has become a central issue in the public policy debate in recent years. Rules are the cornerstone of transparency. Rules define the space and arenas and set basic penalties for their breaching. Two key questions arise: What is the transparency of the rules itself? And what is transparency in the process of their adoption? In this chapter, both these questions are addressed, rules and their outcomes discussed, together with the process of their formulation and implementation.
Šárka Laboutková, Vít Šimral, Petr Vymětal

Chapter 4. Methodology of Research on Lobbying Regulation

Abstract
The chapter discusses various ways to approach, assess, and evaluate lobbying regulation. Lobbying regulations have four goals: first, limit lobbying or its intensity; second, combat the risks of its penetration with corruption and confine the corruption space; third, recognize lobbying as a legitimate and beneficial part of the political process; and fourth, implement transparency of lobbying practice and thus enhance transparent environment for decision-making and create a fair environment for all stakeholders. Virtually all measures so far existing in the real world are limited to some lobbying activities or actors. This chapter offers a comprehensive approach and presents a set of draft regulations for transparent lobbying in the form of a unique catalogue of transparency of lobbying.
Šárka Laboutková, Vít Šimral, Petr Vymětal

Chapter 5. A Theoretical Model of Lobbying

Abstract
This chapter offers a deeper theoretical analysis of rational-choice principles, interests, subjects, and methods of mediating interests including the position of interest groups in democratic political systems. A stakeholder-centered model is presented based on a simple scheme of interest groups, decision-makers, business, and the public. Three hypothetical situations are modeled: a world with no lobbying, with non-transparent lobbying, and with transparent lobbying. The role of information symmetry is discussed. It is argued that non-transparent lobbying can lead to government failures as it can lead to illegal practices of influence and corruption, with their economic implications. The failures are often corrected by some form of regulation but any regulation should always be discussed with regard to efficiency and the optimum of its outcome.
Šárka Laboutková, Vít Šimral, Petr Vymětal

Chapter 6. Past and Present Practices of Lobbying and Its Regulation

Abstract
This chapter offers an overview of the development of lobbying regulation around the world by focusing on the well-known and most elaborated cases—countries with the Commonwealth heritage that were the first to regulate lobbying—the United States, Canada, Australia, and the United Kingdom. Then, the chapter discusses regulations in European institutions as a representative of non-single country jurisdiction. The chapter also shows how the defined measures of transparent lobbying are implemented into practice. Not all countries and their representatives are enthusiastic about regulating lobbying and there is no single pattern how to regulate lobbying. Passionate discussions are usually held between the participants as to whether legal regulation or self-regulation should be introduced, and who should be the subject of these regulations.
Šárka Laboutková, Vít Šimral, Petr Vymětal

Chapter 7. Transparent Lobbying in Central and Eastern European Countries

Abstract
This chapter offers an insight into the development of access to lobbying activities and its regulation in the context of the democratization process after the fall of communism in Central and Eastern Europe. Difficulties accompanying a resurgence of civil society in the region are linked with historical background. After a brief presentation of the development and current state of lobbying regulation in these countries, attention is focused on the Visegrad Four countries, extended to Slovenia and Austria. A detailed evaluation of transparency in lobbying at the level of specific measures according to the catalogue of transparent lobbying is provided. Consequently, these measures are evaluated by cost-benefit analysis based on Center for Public Integrity Index and Cost Indicator Index.
Šárka Laboutková, Vít Šimral, Petr Vymětal

Chapter 8. Open Government and Its Impact on the Lobbying Environment in CEE Countries

Abstract
Although the responsibility for transparency should be shared by lobbyists and public officials, it is public officials who must be accountable to the public for decisions taken. The chapter introduces some recent global initiatives that deal with the phenomenon of open government as a supporting tool for efforts to make the governments more transparent, responsive, accountable, and effective with special attention to Open Government Partnership (OGP). It also discusses under what circumstances open government may affect the transparency of lobbying and thereby reduce the corruption opportunity space, and subsequently provides deeper analysis on how seven member-states of the European Union that have joined the OGP initiative, and are also former communist countries of Central and Eastern Europe (CEE), use the potential of their membership in the OGP.
Šárka Laboutková, Vít Šimral, Petr Vymětal

Chapter 9. Conclusion

Abstract
Lobbying is a standard part of modern democracy and is here to stay. Even if there are still voices in the public discourse that consider lobbying to be detrimental to democracy, there is a widespread consensus among academicians and political practitioners that efforts to ban lobbying altogether would be futile and counterproductive.
This book argues that the key to drive away concerns about lobbying and make it fully beneficial to democracy is to set clear and predictable rules based on transparency and public accountability of those who are a part of the lobbying process. As the empirical data in this book show, it is not easy to come up with rules that are comprehensive, balanced, and resistant to circumvention and unintended interpretations, and reflect everyone’s preferences, good practices, and common standards. As some former professional lobbyists admit, not even lobbying regulations in the United States, despite their long history of development, are today effective and allow for what is basically a legal bribe (Williams, I was a lobbyist for more than 6 years. I quit. My conscience couldn’t take it anymore. Vox.com. January 5, 2018).
Šárka Laboutková, Vít Šimral, Petr Vymětal

Backmatter

Weitere Informationen