THE EVALUATION OF THE GOVERNMENT DRAFT LOBBYING ACT IN THE CZECH REPUBLIC BEYOND THE FRAMEWORK OF RIA
On July 30, 2019, the government of the Czech Republic passed a draft Lobbying Act which was drawn up in accordance with the current Program Declaration of the Government of the Czech Republic, the Government Plan of Legislative Works for 2018 and Government Resolution No. 114 of 21st February 2018, approving the material proposal of the Lobbying Act. According to the Government’s Concept of the Fight Against Corruption for the years 2018 to 2022 (Government of the Czech Republic, 2018) “the intention of the government is to enable the public access to the information about the contact of politicians and high officials with lobbyists and at the same time relieve legitimate lobbying from negative connotations with which it is perceived by the public”. The aim of the article is to evaluate the lobbying regulation system in the draft Lobbying Act in the Czech Republic and to compare it with regulation models in selected European countries. A partial aim is to complement the assessment included in the Final Report on Regulatory Impact Assessment with a quantitative cost-benefit analysis by means of Ninefold theory.
Jméno a příjmení autora:
Lobbying, transparency, regulatory system, regulatory impact assessment, cost benefit analysis
DOI (& full text):
On July 30, 2019 a draft Lobbying Act was approved by the government of the Czech Republic, which reflects growing tendencies to adopt at least minimum normative standards in this area. The aim of…více
On July 30, 2019 a draft Lobbying Act was approved by the government of the Czech Republic, which reflects growing tendencies to adopt at least minimum normative standards in this area. The aim of the article is to evaluate the lobbying regulatory system in the draft Lobbying Act and its comparison with regulation models in selected European countries through a quantitative cost-benefit analysis. To evaluate the regulatory system from the viewpoint of strength and transparency rate, the specialized Hired Guns methodology (CPI Index) is used. Costs which are needed to achieve, maintain and control a lobbying regulatory system are quantified by means of a methodology by Krsmanovic (CII Index). The CPI Index together with the CII Index (the Ninefold theory) provides comprehensive and robust assessment of specific regulatory models, but also improves comparative assessment of lobbying regulations in different jurisdictions of selected countries. The current situation in the Czech Republic can be characterized as the existence of non-transparent lobbying. The regulatory system represents a lowly regulated system (CPI = 0)/lowly burdensome system (CII = 0). The regulatory system in the government draft Lobbying Act intended to be achieved corresponds to the definition of a medium regulated system (CPI = 34*)/medium burdensome system (CII = 35*). When compared with selected EU countries – Slovakia, Poland, Hungary, Slovenia, Austria, it can be concluded that the proposed regulatory systém meets the standard minimum regulation requirements related to lobbying regulation. It is the first evaluation of the lobbying regulatory system in the Czech Republic and in all other cases it is the first and completely unique use of the evaluation of costs connected with lobbying regulation.