Lobbying Act: Anti-corruption part

The Law on Lobbying saw the light of day in Serbia on August 14, 2021. This law regulates the conditions and manner of performing lobbying activities as well as the introduction of a register and keeping records related to lobbying and lobbying activities. The main goal of the law is, first of all, legal regulation in this area in our country. Also nowadays, when there is an increased level of transparency in the work of public administration, it is necessary to strengthen the integrity and accountability of lobbyists and clear rules must be established.

The definition according to the law says that it is an activity that influences state bodies, bodies of the autonomous province and local self-government units in the procedures of passing laws, other regulations and general acts within the competence of those bodies in order to achieve the interests of lobbying users, but all this must be in accordance with the law.

Lobbying is an important tool in strengthening democracy and the rule of law. It is also very important from the point of view of responsibility in transparency in decision-making processes.

In order for someone to be able to do this job, they must first be registered. The registration is managed by the Anti-Corruption Agency. The request is submitted to the Agency and needs to be filled in by submitting certain information. These can be individuals, but also legal entities. After registration, it is necessary to undergo training, which is also conducted by the Agency, as well as control and measures in case of violation of rights and obligations.

Prerequisites for someone to register:

1. Citizenship of the Republic of Serbia;
2. Full legal capacity;
3. Higher education;
4. Certificate of non-conviction for an act that makes a person unworthy of lobbying;
5. That the person has no imposed security measures, i.e. a ban on performing activities;
6. Completed training for lobbyist;
   
   

Prerequisites for lobbying as a legal entity:

1. That the legal entity is registered in the register of economic entities;
2. At least one employed lobbyist;
3. That the person has not been convicted of a criminal offense and has no imposed security
4. measures, i.e. a ban on performing activities;
5. That there is a responsible person who has not been convicted;

Lobbyists are obliged to do their job in accordance with the rules and in accordance with the principle of integrity. Everything must be in accordance with the law and must be transparent. Also, there must be responsibility and ethics in work. What is also important to note is that this law prohibits lobbying by persons who have been elected, named or appointed to positions of power for a period of two years from the termination of their mandate or office.

What we can say first of all is that it is very important that this field is regulated and that a legislative solution has finally been reached in this area. The anti-corruption strategy for the period from 2013 to 2018, as well as the action plan, foresaw the measure that a law must be adopted which regulates lobbying as a concept, as well as public access to all information on lobbying in public administration bodies.

When it comes to the process of joining the European Union under Chapter 23, it was also mentioned that Serbia should adopt a law in this area. The introduction of this law was welcomed by the Council of Europe Anti-Corruption Group (GRECO). Their recommendations were based on increasing transparency in the decision-making process.

By passing this law, the economic capacities of the state can be significantly changed and improved. The possibility of corruption and trading in influence is reduced due to increased transparency of all processes at both the state and local levels.

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