site.btaDeputy Justice Minister Mechkunova Comments on Bulgarian Lobbying Legislation

In a BTA interview, Deputy Justice Minister Mihaela Mechkunova said that "it is not a question of if, but when Bulgaria will have a law on lobbying". Mechkinova explained that lobbying public authorities in favour of interested parties is a legitimate activity when it is transparent. Lobbying, by its very nature, is an important tool for countering corrupt practices. Introducing a clear definition of what lobbying is is an extremely important issue, Mechkunova pointed out. She said there was a complex debate ahead on many levels and that the expectations for the future law, as well as for the Ministry of Justice, as the leading institution in the preparation of the project, are high.

The Ministry of Justice is making systematic and consistent efforts aimed at fulfilling the country's commitments in relation to the regulation of lobbying. Bulgaria uses the capacity of the Group of States against Corruption (GRECO) at the Council of Europe, which assists member states in the fight against corruption through a dynamic process of mutual evaluation of the implementation of the anti-corruption instruments of the Council of Europe, said Mechkunova.

She recalled that as early as September 2022, a self-assessment of the compliance of Bulgaria's legislation, policies and practices with the Council's recommendation on the principles of transparency and integrity in lobbying was prepared (OECD/LEGAL/0379). This self-assessment was revised in June this year to comply with updated standards for transparency and integrity in lobbying and influence, according to the revised Recommendation of the Organization for Economic Co-operation and Development (OECD), the Deputy Minister said.

Another important stage in the work was the preparation of a draft concept for lobbying is that, based on an analysis of good European practices in the field of lobbying regulation, an interdepartmental working group in the Ministry of Justice has prepared a draft Concept for the regulation of lobbying activities, as a basis for future legislation.

In order to ensure the successful implementation of the commitments of the Republic of Bulgaria, the draft Concept was agreed upon in advance with the OECD. The received recommendations and comments were taken into account in the final draft of the Concept, which was approved by the Minister of Justice in July of this year, Mechkunova pointed out.

A condition for Bulgaria's accession to the OECD is compliance of the national legislation with the Recommendation of the Council on the principles of transparency and integrity in lobbying (OECD/LEGAL/0379)10. Our country has made a commitment to the European Union to carry out a reform of legislative measures for the regulation of lobbying activities under the National Recovery and Resilience Plan. The need for such regulation has also been identified in a GRECO report on Bulgaria, and also in the annual reports of the EC on the rule of law for 2021 and 2022, recalled the Deputy Minister.

Meanwhile, at the European level, the discussion and proposal for a Directive of the European Parliament and of the Council to establish harmonized requirements in the internal market regarding the transparency of the representation of interests carried out on behalf of third countries and to amend Directive (EU) 2019/1937 has begun. The future legislation will also be in line with the provisions falling within the scope of this proposal, said Mechkunova.

She noted that the debate on the future regulation of lobbying continues. Currently, the composition of the interdepartmental working group is being updated in the Ministry of Justice, and the first proposals for normative texts are expected. The next step of the law-making process is the holding of public consultations on the drafted bill.

On the occasion of the recently held meeting at the Ministry of Justice, where the possibilities for legal regulation of lobbying activities in this country were discussed, Mechkunova recalled that the meeting was attended by the Bulgarian-Swiss Chamber of Commerce, the Entrepreneurs' Organization Italy, AmCham Bulgaria, the British-Bulgarian Business Association, the Bulgarian Chamber of Commerce and Industry, the Bulgarian Industrial Capital Association, the national representation of Transparency without Borders Association and the National Organization of Customs Agents.