The Law on Lobbying
The influence of the private sector on the legislative and decision-making processes of the public sector in Serbia has been legally recognized and regulated. As part of the Action Plan for the Implementation of the National Strategy for the Fight Against Corruption (2013–2018), Serbia adopted the Law on Lobbying (hereinafter: the Law) on November 9, 2018.
Historical Context
Lobbying in Serbia has been formally organized since 2009, following the establishment of the Serbian Lobbyists Association, a non-profit organization advocating for the regulation of lobbying as a profession.
In comparison, the United States introduced lobbying regulations with the Federal Regulation of Lobbying Act of 1946, while at the European level, the first regulatory framework was established in 1995, when the European Parliament introduced a lobbyist registry. Since 2011, the EU institutions maintain a single Transparency Register, though registration is mandatory only for certain types of interactions with EU institutions. Within the EU, only a few Member States (France, Ireland, Lithuania, Austria, Poland, Slovenia, and the UK) mandate lobbying registries through national laws.
Governance and Monitoring
The Anti-Corruption Agency (hereinafter: the Agency), established by the Law on the Anti-Corruption Agency (2010), oversees lobbying activities in Serbia.
Definition and Scope
The Law defines lobbying as activities aimed at influencing public authorities in the drafting and adoption of laws, regulations, and general acts, to achieve the objectives of lobbying clients. Lobbying is primarily carried out by the private sector and NGOs.
Activities not considered lobbying include:
- Publishing information or opinions on regulations through media outlets.
- Providing expert opinions or participating in public consultations upon invitation by public authorities.
- Submitting citizens’ initiatives to public authorities.
- Activities of public officials within their official powers.
Lobbying is directed at officials involved in drafting, preparing, or influencing laws and regulations, including elected or appointed officials, employees, and other persons engaged by public authorities.
Who Can Perform Lobbying?
Lobbying can be conducted by individuals or legal entities. However, elected or appointed public officials are prohibited from engaging in lobbying during their tenure and for two years following their departure from public office. Lobbying clients are defined as individuals or entities in whose interest lobbying activities are performed.
Registration Requirements:
- Individuals engaged in lobbying must register in the Register of Lobbyists, while legal entities are registered in the Register of Legal Entities Engaged in Lobbying. Both registers are maintained by the Agency to ensure transparency.
- Unregistered lobbyists, such as representatives of companies or associations acting on behalf of their organization, may lobby but are exempt from obligations imposed on registered lobbyists (e.g., contracts, notifications to the Agency, training).
Eligibility Criteria:
- Domestic lobbyists must have full legal capacity, a university degree, a clean criminal record, no restrictions on professional activities, and must complete lobbying training conducted by the Agency.
- Foreign lobbyists must be registered for lobbying in their home country and recorded in Serbia’s special registry.
Lobbying Procedure
Lobbying can only be conducted under a formal lobbying agreement between a lobbyist and a client. A lobbyist may not guarantee the outcome of their activities.
The process begins with a written submission to the public authority, which must include mandatory details as prescribed by the Law. Upon submission, the lobbyist may request a meeting or relevant information related to the lobbying subject.
Public officials must notify the Agency about lobbying activities, and their public authorities are required to maintain records of lobbying contacts. Detailed procedures for notifications and record-keeping will be regulated by the Agency.
Reporting Obligations
Registered lobbyists and legal entities must submit annual reports to the Agency by January 31 for the preceding year. The general content of the report is outlined in the Law, with further specifics to be determined by the Agency.
Sanctions for Non-Compliance
Fines for violations range as follows:
- Legal entities: RSD 50,000 to RSD 2,000,000.
- Natural persons and responsible individuals: RSD 30,000 to RSD 150,000.
Conclusion
The Law seeks to regulate lobbying in Serbia by providing transparency and ensuring accountability in the interaction between the public and private sectors. While it imposes specific requirements on registered lobbyists, the presence of unregistered lobbying remains an area to monitor closely.
Attorney at Law Damir Petrović
Disclaimer:
The information provided is for general purposes only and does not constitute legal advice. Law Firm Petrović Mojsić & Partners disclaims any liability for actions taken or not taken based on this content.
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