Lobbying EU lawmakers: fair game?

Lobbying is an essential democratic tool that allows organisations and individuals to provide input for policy and decision-making. However, without transparency mechanisms, it can result in undue influence, unfair competition, and even corruption. The EU’s lawmakers – the Commission, Parliament and Council – have signed up to the EU transparency register, a central entry point for lobbyists wishing to influence the development of EU policies and decision-making. But does the register adequately inform citizens about the potential influence of lobbyists? And do lobbyists have fair and equal access? The auditors of the European Court of Auditors are on the case, and you will hear about their findings in April.

Regulating lobbying touches upon issues of ethics, transparency, integrity, and the fight against corruption. Several governments around the world – and various international organisations – have developed regulations, principles, standards or guidelines with the aim of establishing transparent and ethical lobbying practices. To deter unethical behaviour by staff, the EU institutions apply their own ethical frameworks. In 2011, the Parliament and the Commission set up the EU transparency register, which the Council joined in 2021. The same year, these institutions agreed on the conditionality principle, whereby registration is a necessary precondition for lobbyists being able to carry out certain activities. The aim of these interinstitutional agreements is to allow citizens to follow lobbying practices and find out about the potential influence of lobbyists, such as by disclosing the financial support they receive.

The ECA audit comes against the backdrop of “Qatargate”. In December 2022, allegations emerged that the Emirate of Qatar had unlawfully influenced – or even bribed – Members of the European Parliament (MEPs) to achieve foreign-policy goals. Although the audit started before this, focusing on the 2019-2022 period, the auditors will take any related decisions into account, i.e. those taken by the European Parliament on how it implements the register.

There are several key questions the auditors will want to see answered. For example, is the register based on internationally recognised principles of transparency and integrity in lobbying? Do the three signatory institutions make meaningful use of it as a precondition for lobbying activities? Are the working arrangements of the register’s secretariat conducive to good data quality on lobbying activities? Does the register’s public website provide relevant content?

On 17 April 2024, the report will be published on the ECA’s website (available from 00:01 a.m.). Look out for the auditors’ findings and their recommendations for improvement.

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More information: European Court of Auditors