Thirteen civil society organizations have asked the parliamentary groups of the Congress of Deputies to support this Wednesday, September 16, the validation of the Royal Decree-law on transparency and integrity of the activities of interest groups, known as Royal Decree-law on Lobbies, and agree on its subsequent processing as a bill.
The call has been disseminated coinciding with the International Day of Democracy. The signing entities argue that Spain has the opportunity to close a pending subject and approve rules that allow knowing how public decisions are made and who participates and influences them.
“Democracy is not just about voting: it also requires knowing how public decisions are made and who participates and influences them,” the organizations defend.
Validate the Lobby Law to improve it later
The entities consider that the regulation represents a long-awaited advance to reinforce transparency, institutional integrity, and democratic quality in Spain. At the same time, they acknowledge that both the procedure used to approve it and certain aspects of its content can be improved.
For this reason, they demand that Congress validate the norm to preserve its advances and subsequently agree on its processing as a bill, which would allow perfecting it and expanding parliamentary consensus.
The organizations emphasize that the purpose of regulating interest groups is not to limit the participation of companies, associations, social and professional organizations, academic entities, or citizens in the formulation of public policies. The objective, they argue, is to ensure that the dialogue between private interests, civil society, and public institutions develops with clear rules, transparency, integrity, accountability, and legal certainty.
Spain, without a mandatory state registry of interest groups
The signing organizations assert that the norm closes a structural gap in the Spanish public integrity system. Spain has so far been one of the few member states of the European Union without a mandatory state-level registry of interest groups.
This deficiency has been repeatedly pointed out by the Group of States against Corruption of the Council of Europe, GRECO, in its fourth and fifth evaluation rounds, and by the successive reports on the Rule of Law from the European Commission.
Validating does not mean accepting the text as definitive
In light of the criticisms made in recent days, the entities demand to differentiate between the reservations about the legal instrument used and the need to have a regulation.
The organizations admit that the use of the royal decree-law may provoke legitimate objections. However, they argue that its validation and subsequent processing as a bill would allow overcoming those reservations and opening the text to parliamentary debate, amendments, and contributions from companies, associations, professionals, academic entities, and civil society organizations.
They also highlight that a good part of the measures included in the royal decree-law come from the amendments presented by parliamentary groups to the bill that was being processed in Congress.
Furthermore, they assure that the text incorporates standards and mechanisms already present in the regulations on interest groups of the European Union, other countries in the environment, and various Spanish autonomous communities.
“It is not, therefore, about configuring an exceptional model, but about moving towards a framework comparable to that of other administrations and advanced democracies,” they point out.
The entities warn against opacity and revolving doors
The organizations believe that possible discrepancies regarding the procedure used or certain contents of the norm should not lead to its rejection.
They also defend that the obligations of transparency should not be confused with unnecessary bureaucracy. The records and information duties, they argue, are common instruments in the transparency systems of the environment and their application can be simplified and improved during parliamentary processing.
The proportionality of these obligations and burdens constitutes, according to the entities, one of the issues that can be assessed during the debate in the Cortes.
“Voting against this regulation would mean maintaining a framework that favors opacity, hinders accountability, and leaves risks such as revolving doors and lack of transparency in public decision-making unanswered,” they warn.
An opportunity to preserve advances and perfect the standard
After years of debate, proposals, and parliamentary work, organizations believe that there is a way to reconcile two objectives: preserve the regulatory progress achieved and perfect the text by processing it as a bill.
Spain would thus have the opportunity to move towards a governance framework that is more open, transparent, and participatory, aligned with European and international standards of transparency, integrity, and good governance.
The entities consider that it would be difficult to justify that Spain would be left without regulation of interest groups after years of recommendations, demands from civil society, and prior work.
Therefore, they reiterate their call to parliamentary groups to support the validation of the royal decree-law and its subsequent processing as a bill. They also offer to provide technical analysis and comparative evidence during the legislative process.
The organizations that are pushing for the validation of the Lobby Law are: Access Info Europe, Asociación de Profesionales de las Relaciones Institucionales (APRI), Asociación Más Democracia, Mejor Política (+Democracia), España Mejor, Federación de Consumidores y Usuarios CECU, Fundación Ciudadana Civio, Fundación Hay Derecho, Gobierno Transparente, Political Watch, Public Affairs Community of Europe (PACE), Red Académica de Gobierno Abierto (RAGA), Talento para el Futuro, and Transparency International España.