Relatively recently joined the functional market economies club, although it has multiple pending development (not just economic) issues, Romania looked around and chose a poisonous… Mai mult›
Spectacular GDP growth in Q1: 5%, in the context of rhythm decline in manufacturing to just 1.2%. Dilemmas
Gross Domestic Product for the first quarter of 2019 increased by 5% in real terms compared to the same period of the previous year (5.1%… Mai mult›
Simply put, data recorded over time in the monthly budget implementation published by the Ministry of Finance indicate a share of staff costs in total… Mai mult›
Germany (16.9%), France (11.7%) and Italy (9.5%) are the countries with the largest share in Romania’s economy by the number of employees in 80,905 groups… Mai mult›
Budget implementation in Q1, short and simple: wages and social spending up, general and local investments down, co-financing for projects implemented with European money down
The general consolidated budget recorded, after the first two months of 2019, a deficit of about RON 5.5 billion, equivalent to 0.54% of the GDP… Mai mult›
Well, yes: Law on lobby, OUG draft: We easy find out who lobbyists are, but not what they do. Six sectors where you are not allowed to lobby
de Victor Bratu , 1.10.2018
On Monday, Ministry for Business Environment launched the draft Emergency Ordinance on transparency in the area of lobbying and representation of interests.
The wish to legislate and regulate lobbying is old: since 2000, five similar drafts have been classified or rejected, while other two are theoretically in the legislative proceedings within the parliamentary committees, even though they were initiated in 2010, respectively 2011.
A first step towards regulating lobbying was made in 2016 when the Government approved the establishment of the Unique Interests Groups Transparency Register, a register where top decision makers from the government structure where required to announce their meetings with various business groups.
Sectors where lobbying is forbiden
According to the new proposal, the following are explicitly exempted from the ordinance:
- public representatives’ activities related to the performance of their tasks according to the law
- activities of a person by which they make use of his/her own non-entrepreneurial interests
- making use of certain rights or the interest representation of a party or entity involved in relations with administrative or judicial authorities
- legal advice or representation by attorneys, notaries, trustees and other authorized persons
- using foreign policy interests within diplomatic or consular relations
- activities carried out at the request of public representatives
The draft forbids a public representative to lobby during his/her mandate in his/her field of activity.
Lobby Register, in the care of Trade Registry Office
By ordinance, the Lobby and Interest Representation Register is established, a register to be administered by the Trade Register Office attached to Bucharest Municipal Court.
This register will contain three sections:
- lobby companies
- companies employing internal lobbyists
- interest groups
The information from these three sections will be made available to the public free of charge in digital format.
Transparency, but up to a point
Contracting parties under a lobby agreement or lobbyists’ meetings with public representatives will also be notified to the registry and the information is stored in a special section of the register.
Accessing this final set of data by individuals or legal persons can only be made by paying a fee and only if a priority legal interest, as defined by Article 8 (2) of the European Convention on Human Rights, is justified.
The article to which the draft refers is: “It is not allowed the interference of a public authority in the exercise of this right (the right to private and family life – editor’s note) unless it is provided for by law and represents, in a democratic society, a necessary measure for the national security, public safety, country’s economic welfare, defence of order and prevention of criminal deeds, protection of health, morals, rights and freedoms of others.”
Fines for non-compliance
The draft lists the obligations of a lobbyist or a lobby company and establishes fines for non-compliance. The minimum fine is RON 50,000 and the highest RON 300,000.
Identifying and sanctioning contraventions will be carried out by the specialized personnel of the Public Finance Ministry. These penalties must be notified for registration in the Registry and the Trade Registry Office.
The Justice Minister has the prerogative to order the removal from the Registry of a lobby company that seriously and consistently violates the obligations of conduct.
A first step towards regulating lobby in Romania was made in 2016 when the Government decided to establish a so-called Unique Interests Groups Transparency Register (RUTI).
The draft adopted at the time was much richer in technical details and was also forcing the top government decision-makers to publish their meeting agenda in the register. RUTI was administered by the Ministry of Public Consultation and Social Dialogue, ministry dissolved by Prime Minister Viorica Dancila.
Law is being drafted, association already exists since 2010
Even though the specific legislation is now in the preparatory phase, the Romanian Lobbying Register Association (ARRL) has been operating for a while in Romania and it states that the activity has both legal and judicial recognition.According to the association:
- The recognition of the legality of this activity is given by O.M.F.P.S. 1832/2011, an order that approves the Classification of Occupations of Romania (COR) where the activity of “specialist in lobby” appears as legally recognized and certified at position 243220.
- The judicial recognition of this activity is given by the decision of a court that approves the establishment of an association of companies and lobby professionals, namely the Romanian Lobbying Association.
“ARRL was established in June 2010 contribute to the awareness and promotion of the lobby activity, considered a multidisciplinary activity that involves legal, economic, sociological and communication knowledge. ARRL functions as a Romanian legal person with a non-profit, non-governmental, autonomous and apolitical character,” writes the website of the association that encourages the registration in a Transparency Register of Lobby and Advocacy Activities, “a replica of the Transparency Registry of the European Parliament and the European Commission”.
Lăsați un comentariu
The National Bank increased the inflation forecast for 2019 by 1.2 percentage points, from 3% to 4.2%. Also, the forecast for 2020 goes up by… Mai mult›
Emergency procedure at European Court of Justice for Romania’s question: Are MCV recommendations mandatory?
The Court of Justice of the European Union (CJEU) has decided that Bihor Court’s request to be discussed under the emergency procedure, which is a… Mai mult›
Government decides to increase external borrowing ceiling by EUR 4bn. It has consumed program resources for two years
The Government's agenda for Wednesday also includes the draft decision to increase the foreign loans ceiling for 2019 and 2020 by EUR 4 billion, up… Mai mult›
On Tuesday, the European Commission presented a series of policy recommendations on how Europe can shape its future within an increasingly uncertain and multipolar world.… Mai mult›
Meeting between Prime Minister Viorica Dancila and Chinese Prime Minister Li Keqiang: talks on a possible involvement of Chinese companies in PPP projects in Romania
On Friday, Prime Minister Viorica Dancila had a meeting with Chinese Prime Minister Li Keqiang, during which she stated her interest in involving Chinese companies… Mai mult›
So-called "Belina Law" was adopted. Opposition will refer CCR: it turns Belina Island into a fiscal paradise
The Chamber of Deputies adopted on Tuesday the bill that provides for a derogating tax regime, such as tax exemptions or reductions, for land and… Mai mult›
Deveselu shield is undergoing an upgrade process; the US provides alternative defence capabilities with THAAD systems
Aegis Ashore anti-missile system installed at Deveselu 99 Military Base will go in the next period through a previously planned upgrade process, the MApN announced… Mai mult›
How 2019 began: Investments, allocations by 78.5% lower than the same period of 2018. 21% decrease in co-financing for attracting European funds
The consolidated general budget recorded a deficit of 0.5% of GDP in the first two months of 2019 namely RON 5.2 billion, a "performance" only… Mai mult›
Romania's GDP exceeded Portugal’s in 2018: which has a population two times lower and a GDP/inhabitant twice as high
Romania's economy exceeded, at current prices in euros, Portugal's economy in 2018, a country with a population and a surface two times smaller as Romania.… Mai mult›
The Ministry of Public Finance published Tuesday evening, a day and a half before the approval in the Government, the draft OUG that amends the… Mai mult›
The Justice Ministry has prepared the two OUG drafts for which the coalition has put much pressure on the Justice Minister Tudorel Toader before granting… Mai mult›
ECOFIN / Tax havens list has been updated. Politico: Eugen Teodorovici took EU Finance Ministers by surprise
Finance Ministers of the EU voted on Tuesday at the third meeting of the Council for Economic and Financial Affairs (ECOFIN) chaired by Romania, the… Mai mult›
Dozens of companies, mayoralties, sports teams, public figures, organizations and many ordinary people joined the protest "Romania wants motorways". Of course, the country did not… Mai mult›
Facebook announced Thursday that it has closed hundreds of false accounts promoting false content in the UK and in Romania and this is the first… Mai mult›
Laura Codruta Kovesi was indicted on Thursday in a second case. The section for investigating the crimes committed by magistrates accused her of having led… Mai mult›