The Government has not rushed the deadline to vote in Congress on the new Lobby Law. The Executive has requested Congress to vote on the ratification of the decree-law next week.
According to parliamentary sources reported to DEMÓCRATA, the Board of Spokespersons has accepted the request and the Chamber will examine this regulation in the next plenary session.
The decree-law was approved in the Council of Ministers on August 25. The Executive has one month to defend the regulation in Congress and achieve its ratification.
Ratification in the air
To remain in force, the decree-law must obtain a majority of positive votes. Otherwise, it will be repealed by Congress.
And the Government does not have, at least for now, the guaranteed votes, with the uncertainty of whether PP and Junts will allow the ratification, either by giving their support or through an abstention.
The Registry is already underway
The decree-law, which came into force on August 27, a day after its publication in the Official State Gazette, requires all interest groups to register in the new registry before any contact with high-ranking officials, temporary personnel, or executives and public employees with decision-making capacity.
The form to register in the registry, managed by the Council of Transparency and Good Governance, began to be operational on September 4, a week after its entry into force.
In it, groups must state their identity, the funding they have, and the budget they allocate to influence activities. They must also list the individuals linked to the group who have held public positions or jobs in the last five years and the minutes or notes of the meetings held.
The information provided to the Registry must be updated at least once a year. Failing to do so constitutes a serious infringement (suspension of registration for between three to twelve months and a fine of 2,000 to 5,000 euros).
The same punishment applies to concealing the status of interest group in contacts or meetings with public sector workers susceptible to receiving influence.
‘Revolving doors’ audit
Interest groups must identify which individuals have held public positions or jobs in the last five years, as that list must be published on the website itself when this influence activity is professional and communicated biannually to the Council of Transparency.
Document traceability system
The groups must have a system for recording meetings, documents delivered, and written communications, which must be submitted within fifteen working days from the influence activity. Failing to comply with this obligation is considered a serious infringement.
All information provided to the registry and made available to the General Administration of the State, with justified exceptions in accordance with the Transparency Law, will be public.
The entities must keep any documentation delivered to the General Administration when exercising their influence activity. Concealing, altering, or destroying this documentation constitutes a very serious infringement (cancellation of registration, prohibition of application for two to five years, and a fine of between 5,000 and 40,000 euros).
Adaptation of the codes of conduct
They must be adapted to the principles of Article 12 of the regulation, which includes a series of obligations and prohibitions.
For example, the offering of gifts, favors, or services under advantageous conditions to public officials or personnel that may be perceived as an attempt to influence them is prohibited (very serious infringement, unless it is a crime according to the provisions of the Penal Code).
It is also prohibited to present a public official with a possible conflict of interest, to provide false information, or to attempt to influence unlawfully or by resorting to abusive pressure. The sanctioning regime classifies as a very serious infringement to fraudulently influence decision-making or the obtaining of information.
Influence budget
Interest groups must calculate how much budget they dedicate to influence activities, as they must provide this data to the Transparency Council, which will be public by default unless a motivated and expressly requested restriction is applied.