 |
 
[
Bourgas Forum
]
[
Submit site
]
[
Free Ads submit
]
[
]
[
Add Trip or cruise
]
[
Add Photo
]
[
Blog
]
|
 Today News
News Archives
Предстоящи събития
Последно от форума
Most viewed last 24 hours:
News
Catalogue
Най-четеното за последните 30 дни:
News
Catalogue
|
|
|
| Regulation and optimization of lobbying activities in Bulgaria, Bourgas, Burgas |
|
Legal lobbying
phenomenon, in contrast to measures of law enforcement and security post
factum can be proactive and preventive powerful weapon in the fight
against such a threat to national security and national priorities, such
as corruption. Scientific work is addressed
primarily to representatives of state administration, in addition to
scientists, teachers, postgraduates, students, representatives of state
and public organizations in general to all those interested in
socio-political situation in our country and which is not indifferent to the direction and pace of development of civil society in our country. Since
the representation of group interests is not traceable and transparent
basis, the development of the country does not depend on the actual
interests and reach of these groups or those in the center of that
strategic government decisions. In the spirit of carefree professed liberalism could not take any effort by progressive waiting to replace the old. Nevertheless, we risk not dozhiveem desired results not only in the distant future, but never. International
competitiveness caused by inefficient mechanisms upon the consensus of
interest groups and formations of the direction of development may lead
to the collapse of the Third Bulgarian state, like the First and Second.
Effectiveness
of political and economic organization of society in terms of existing
political realities can be increased at the expense of development and
civilized modes of representation of interests of different social
grupi1. This should be done nebarzo, evolution, considered outside barzopreminavashtite campaigns like "fighting corruption". Corruption is an innate behavioral program primates, and therefore can not be eradicated, it remains within human biology. But it can be modified so essential that its phenomena can not be called corruption. In
developed countries with public tender opportunities are vpiva the
level of mastery of the cultural differences between dishonest
speculation and fair trade between bribery and lobbying civilized. If
the first law pursue them, the latter represented fully respektabilen
business, multiplying each cultural wealth of business narodite.2
It
is the concept of lobbying regulation, order of carrying out lobbying
activities, order of accreditation of subjects lobbying line of
withdrawal of authorization for lobbying, rights and obligations of
lobista, list of unlawful forms of lobbying. And what is the situation today:
-
The Bulgarian legislation on lobbying is incomplete and late situations
and reflect social trends in political, economic and satsialnata field,
which negatively affects the adequacy of legal normi.3
-There is no scientifically proven link between the system of legal acts have collisions in the legal regulatsiya.4
Incomplete and inconsistent-legal regulation of existing forms and organizations lobiraneto.5
-Lack of precise legal regulation of lobbying activity itself, its scope and palnomoshtiya.6
-Lack of commitment and ravnopravnost bodies and organizations with lobbyists deystviya.7
Lobbying in legal practice in Bulgaria already has. There is a need for its impact as a whole in the Bulgarian legislation. How to solve are the establishment of a uniform law on lobbying or create chapters in specialized lobbying laws. This
will reduce corruption, increase the publicity and legitimacy to take
decisions to give zokonen order of public interaction - authority to
ensure implementation of the constitutional rights of Bulgarian citizens
in government. In
a possible law could be formulated the legal mechanism for coordination
of social, economic, political and social interests of various major
civil communities in these areas, to regulate the process of interaction
between group interests and authorities, to define the concepts in the lobbying process. In general terms of such a law may have the following definitions:
-Lobbying
activity: interaction between individuals or representatives of
entities with public authorities, their officials, parliamentarians, the
immediate purpose of which is influencing the development and adoption
of decisions, laws - in their own interest or the interest of specific customers;
-Lobbyist
- natural or legal persons carrying out free or not lobbying activity
in the interests of third parties / customers / registered properly in
the order in the state having authority from the client to associate
organization, the duties of whom shall carry out lobbying activities of name and in the interest of the entity which is a contributor;
Client
- natural or legal person in interest to whom or on whose behalf the
lobbying activities take place - Bulgarian and foreign persons;
-Lobbying
contact - oral, written, electronic or other communication sent by the
client's name to officials and lawmakers, state and local government to
influence the process in pravotvorcheskiya;
- Not permitted lobbying activity in the judiciary.
Another
chapter in such a law may be the status of lobista: is entitled to
receive authorization from the open state and local government law of
tolerance in the bodies of legislative and executive branches, and the
opportunity to meet contacts in the order established by relevant authorities; right of disposal of bodies of information and analytical materials, and proposed laws, decrees, etc.. It is necessary to provide for appeals against actions of officials in the performance of the obligations of lobista. And
to identify ways of illegally lobbying: If not registered in the
Ministry of Justice, if not properly licensed, if not accredited to
operate in this body, which wants to operate. The first condition for legal operation must be state registered. Then - obtaining a license. Third - registration in the body where the lobby.
Is
needed and regulation of forms and methods of lobbying: methods of
lobbying activities, prohibited methods to influence the authorities and
officials and lawmakers methods, not lobby and do not require state
registration. The main methods of lobbying
activities may include: providing information, documents, draft laws and
decisions on matters contained in the domain of the authorities,
participation in panels and committees authorized by the order of the
authorities, lobbying contacts with lawmakers and officials
for the purpose of moving the issues and questions and suggestions of
its clients, organization of media publications for or against kokretni
Bills and proposals for legislation. The
prohibited methods may be enumerated: the organization of propagandistic
campaigns involving frequent and business reputation, the dignity of
officials and authorities, attempted bribery, the deposit of funds in
the unreported parties and political movements, members of which appear
subject to the process of lobbying ; funds for
election campaigns of candidates for legislative and other authorities,
blackmail, razprostaneniya of false information on the substance of the
issue of lobbying. To the methods not yavavat
lobbying may be mentioned: speeches and messages, which are made by
officials within their professional competence; publications in the
media, if the goal is within their normal activities, bringing information
to authorities without a purpose to influence law-making process;
messages in the process of running a state public committee sadaden
initiative of public authorities, views and information to the committee
or commission, if invited by the authorities, transparency and legality
of lobbying activities must be requested to report lobista 6 months -
information for customers, financial and material resources available to
them, cost and performance. The responsibility of
lobbyists may be subject to penalties for illegal lobbying activity or
revocation of license or accreditation - for a period or permanently. Lobista responsibility of the client is included in the contract concluded between them.
Need to consider the possibilities and effectiveness of regional lobbying. As a rule of conflict between central and regional interest groups. Regional lobbying rely on line of the legislature. MPs
from the region lobby for marine tourism, those from elsewhere - for
winter tourism, others - for agriculture, greenhouses, vegetable
production in the fourth - the industry - according to the specifics of
the region, the jobs out there for investors. Therefore,
parliamentary elections are the most important event related to
regional lobirane.8 lobbyism traditionally implemented at the central
level and osnovnnata table is interested in the regions. Have a special status for local authorities, which are separate from the system of central administration. In
what situation is lobbying locally: historical conditions,
underdeveloped communications, mestnicheski interests zahvalenost the
far periphery, control and interference by the central authorities
sanction of the Governor, a representative of the state, the
centralization of financial resources available at central level other
regional interests, the presence in the regions of regional branches of
central administration, a single legal space in the state in the
territorial and political social asymmetry, high contrast interregional
razlichiya.9
Prospects for the regulation of
lobbying activities in subjects of Bulgaria are not necessarily
associated with the adoption of special law on lobbying. Improvement
of legal mechanisms to regulate lobiskata activity depends on the
improvement of the electoral law, the law governing the status of MPs
from the state laws and municipal employee. Optimization
of the legal regulation of lobbying activities in subjects Bulgaria is
possible to introduce emerging Institute of lobbying in the legal field,
secured by legislative rules for lobbying activities by certain powers
and responsibilities of its actors.
Should be reported in contemporary specifics of lobbying activities in the context of globalization. Hiperkapitalizam
one that unfolds in the "age of access," according to Jeremy Rifkin.10
In the new postmodern conditions in post-industrial information society
or lobbying activities are becoming increasingly diverse, intensive and
effective. In an age of access lobbying is mostly technology for access to power, to certain information to other information networks. Contemporary lobbying is lobbying information. In
today's world markets gave way to the network-vachite sold and buyers
have been replaced by suppliers and customers, and virtually everything
is subject to dostap.11 lobbyists are one of those providers of
consulting, intermediary services. The basis of the age of access is standing the transition from markets to networks transition from ownership to access. This is a time of progress of intellectual property. Lobbyists have the intellectual capital that is highly paid, because it is specialized in various fields. The specifics of modern lobbying consists of exchanging between suppliers and customers of certain information and expertise. Lobbying
activities to search and find access to different structures of power
(respectively to elected politicians or appointed officials) is
available exclusively in cyberspace, in the so-called "virtual reality".
If you need to specify where mostly targeted
lobbying influences, the answer is - not just to all institutions of
government and institutions at the operational executive. While
lobbyism be vested once as "corridor effect" on decisions of the
parliament today lobbying extends mainly in the executive. Lawyers
talk about forming a tendency to "rationalized parliamentarism" that
gives priority to democratic governance to democratic zakonodatelstvo.12
Moreover, there is an "expansion" of administrative agencies in
management, make a kind of transition to administrative state. Hence,
the lobby is quite understandable pressure especially at the
Privatization Agency, the Public in handles, etc., rather than to MPs
and ministers. Administrative priority to political principle be observed not only in terms of lobbying inside the country. In
making decisions by EU institutions in Brussels is also a competition
of political and administrative-chalo, the first time to prevail. Contemporary
lobbying in conditions of globalization are increasingly deployed
beyond the nation state - in the supranational plan - regionally and
globally. Gaining momentum in the European Union
lobbying and advocacy on behalf of one country to another country or
group of countries on specific problem.13
There
are many myths associated with the negative image of lobbyists and
lobbying to prevent the perception of lobbying as an integral part of
the democratic political system. These myths must be "debug", while having its major bases. This requires adequate efforts - both by authorities and by civil society organizations.
"I
will try to ponder on some of the myths about lobbying wrote Ivka
Tsakova - First myth: political institutions (parliament, government,
etc.) are completely dominated by lobbyists. Other
administrative laws and regulations do not protect the common interest
and meet the specific, narrow group in-private economic interests. It's
simple, but the most part - false claim, because assuming that is so,
then admit that the economy overshadows most important policy that the
policy is minor, unnecessary, redundant. And this is not true. If
you invoke the practice of EU institutions, it is to be economically
competitive European Union player in the global marketplace, it should
be integrated political, implements the relevant policy objectives (for
example - ensuring the quality of life, level of employment of its
citizens, promoting the information society, knowledge economy, etc.). For
these purposes the EU institutions are more important than the pressure
of large commercial (including multinational) companies or powerful
special interest groups.
The second myth
states: "Money is the key to successful lobbying!" Of course, any
lobbying effort has a price - transport costs, staff experts in
different areas - financial, legal consulting, PR-specialists, etc. But not every expenditure of money leads to the desired effect. For
example, if unlawfully funded politicians and political parties, if
they proceed through the purchase of MPs "directly" purchasing
management solutions "- an outbreak of public scandals could lead to a
disaster for whoever pays. Practice, especially at EU level, indicating a successful lobbying campaign is not directly dependent on the costs for it. Some solid-funded campaigns ended with a real fiasco (many are examples of major corruption scandals). Conversely, some small NGO-s on a budget achieved significant successes - eg. Eurogroup
for Animal Protection, European Women's Lobby and others. Are able to
significantly influence the European legislative process in defense of
their causes.
The third myth concerns the industry had turned into "out-think", false, kvazinepravitelstveni organizations. Such,
undoubtedly there, but to generalize that the major part of NGOs is not
specific zashtitatvat civic interests (of environmentalists, consumers,
activists, etc.) and are designed to bring benefits to its founders -
this is very extent a cliché. It
is true that to apply a civic organization for funding under a program
(from European or other donors), it must develop an appropriate project.
06.09.2010 14:13
Автор: Дончо Иванов, национален координатор на Коалиция за устойчиво развитие
Ключови думи: лобизъм, общество, интереси, държавата, социални, кампании, дейност, лобиране, решения, власт, лица, депутати, интерес, право, информация, институции
|
|
|
|
|
|
|
|
|
|
Писмо до свободните медии изпрати Ваклин Стойновски - кандидат за кмет на Бургас. След онлайн брифинг във ...
News content
|
|
1 | 2 | 3 | 4 | 5 |
 |
|
|
www.bourgas.org
Home
056 / 82 63 25
RSS емисия с последните новини
