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Croatia

Regulation of Lobbying (HR0023)

Overview

At-a-Glance

Action Plan: Croatia Action Plan 2012-2013

Action Plan Cycle: 2014

Status: Inactive

Institutions

Lead Institution: Ministry of Justice

Support Institution(s): Information Commissioner

Policy Areas

Capacity Building, Legislation & Regulation, Lobbying

IRM Review

IRM Report: Croatia End-of-Term Report 2014-2016, Croatia IRM Progress Report 2014-2015

Starred: No

Early Results: Did Not Change

Design i

Verifiable: Yes

Relevant to OGP Values: Civic Participation Public Accountability , Technology

Potential Impact:

Implementation i

Completion:

Description

Drafting the analysis of the legislative framework in the area of lobbying Implementation indicators: Drafted analysis of the legislative framework in the area of lobbying and accordingly, procedure of amending the existing act or drafting of a new one initiated. Lead institutions: Ministry of Justice Supporting institutions: Information Commissioner Start date: Not specified, End date: 31 December 2014

IRM End of Term Status Summary

14. Regulation of Lobbying

Commitment Text:

14.1. Drafting the analysis of the legislative framework in the area of lobbying

Implementation indicators:

Drafted analysis of the legislative framework in the area of lobbying and accordingly, procedure of amending the existing act or drafting of a new one initiated.

Lead institutions: Ministry of Justice

Supporting institutions: Information Commissioner

Start date: Not specified   End date: December 2014

Commitment Aim:

There currently exists no law regulating lobbying in Croatia. Adopting the law on lobbying has been on the political agenda for years, with most stakeholders supporting its adoption but with only a few actually pushing for ratification. The aim of this commitment was to provide an analysis of the legislative framework on lobbying as a basis for amending existing acts or drafting a new one.

Status

Midterm: Not started

At the begining of 2014, the Ministry of Justice announced that it would start drafting an analysis of the existing legislative framework and pursue further action, such as either amending the existing legislation or drafting a new law dedicated specifically to lobbying. However, in the self-assessment report by the government, this activity was marked as “not started.” The interviewed stakeholders from the Ministry of Justice stated that the delayed start of this activity is related to the adoption of strategic documents in the field of combating corruption (the aforementioned Anti-Corruption Strategy, commitment 13). This was also confirmed by the interviewed ministry representative,[Note 75: Interview conducted on 30 September 2015. For more information, see the IRM midterm report.] who stated that its implementation was planned for the fourth quarter of 2015 in the anti-corruption action plan.

End of term: Limited

According to the draft self-assessment report, this commitment is substantially implemented. However, even though an analysis of the legal framework in the area of lobbying was drafted, the Ministry of Judiciary still needs to carry out further consultations with other public bodies and interested stakeholders. According to the ministry, the analysis sets out the regulation, self-regulation, and legislative frameworks for lobbying in the European Union and beyond. It analyses the recommendations and guidelines of national and international organisations for the regulation of lobbying practices and sets out the conditions, needs, and reasons for regulating lobbying activities in Croatia. The analysis makes recommendations regarding possible regulation of lobbying practices, thus deciding whether there is a need for a special law to regulate lobbying. However, this draft is still not available to the interested public. Therefore, the IRM researcher finds the commitment completion to be limited.

Did it open government?

Civic participation: Did not change

Public accountability: Did not change

Regulating lobbying activities in Croatia has been a contentious issue for years. This commitment sought to provide a basis for making a policy decision on regulating lobbying by providing a comprehensive analysis of the issues, in addition to including the comparative policies in other countries. On that note, GONG published a press release stating that “it is necessary to regulate the activities of lobbyists in order to make information about who lobbies in Croatia and in whose interest, available to the public in a single registry.”[Note 76: Available at http://www.index.hr/vijesti/clanak/gong-zahtjeva-obavezno-objavljivanje-informacija-o-sastancima-duznosnika/922275.aspx.%5D This opinion was reiterated by other CSO representatives,[Note 77: Information commissioner event, 28 September 2016. See Methodological Note and http://www.pristupinfo.hr/en/povjerenik-za-etiku/.

] who noted that the time has come for lobbying regulation to finally be adopted in Croatia, following the standards set by the European Parliament. Since the implementation of the commitment was limited in the observed two-year period, the IRM researcher finds that the government is yet to have a comprehensive lobbying framework. Thus, the commitment did not improve government openness.

Carried forward?

The next action has not been drafted or released by the government in accordance with the OGP schedule. The Ministry of Judiciary did not include any next steps in the draft self-assessment report. The IRM researcher, therefore, suggests the following steps to reach a full completion of the unfinished milestones:

•  Carrying out a public consultation with all interested stakeholders;

•  Finalising and disseminating the results of the analysis; and

•  Initiating the process of amending existing laws or drafting a new law accordingly.


Croatia's Commitments

  1. Implementing Right to Information

    HR0026, 2018, Capacity Building

  2. Fiscal Transparency

    HR0027, 2018, E-Government

  3. Political Finance Transparency

    HR0028, 2018, Capacity Building

  4. Commercial Regulations of Companies Owning Local Governments

    HR0029, 2018, Anti-Corruption Institutions

  5. Transparency in NGO Project Finance

    HR0030, 2018, Capacity Building

  6. Protection of Persons Reporting Corruption

    HR0031, 2018, Anti-Corruption Institutions

  7. Parliamentary Transparency

    HR0032, 2018, E-Government

  8. Media Regulations Framework

    HR0033, 2018, Civic Space

  9. Data Opening

    HR0034, 2018, E-Government

  10. Raising Awareness About Open Data

    HR0035, 2018, Capacity Building

  11. Central State Portal

    HR0036, 2018, E-Government

  12. Public Consultations

    HR0037, 2018, Capacity Building

  13. Implementation of Anti-Corruption Policies by NGOs

    HR0038, 2018, Anti-Corruption Institutions

  14. Local and Regional Open Government

    HR0039, 2018, E-Government

  15. OGP Sustainability

    HR0040, 2018, Capacity Building

  16. Right to Access Information Legislative Framework

    HR0010, 2014, Legislation & Regulation

  17. Improving the Implementation of the Right of Access to Information Act

    HR0011, 2014, Capacity Building

  18. Proactive Release of Information and Opening Data

    HR0012, 2014, Capacity Building

  19. Fiscal Transparency

    HR0013, 2014, Capacity Building

  20. Improvements of Transparency and Efficiency in Public Administration Work

    HR0014, 2014, Capacity Building

  21. Improvement of Transparency of Election and Referendum Campaigns

    HR0015, 2014, E-Government

  22. Transparency in the Area of Youth Policy

    HR0016, 2014, E-Government

  23. Media Transparency

    HR0017, 2014, Civic Space

  24. Improving Transparency of Information on Members of Parliament and Their Work

    HR0018, 2014, Asset Disclosure

  25. Improving Transparency of Data on Assets of Officials

    HR0019, 2014, Asset Disclosure

  26. Improving the Consultation Process with the Interested Public in Legislative Procedures

    HR0020, 2014, Capacity Building

  27. Ensuring the Sustainability of Values and Content of the OGP Initiative

    HR0021, 2014, Capacity Building

  28. Participation in Drafting the New Anti-Corruption Strategy

    HR0022, 2014, Anti-Corruption Institutions

  29. Regulation of Lobbying

    HR0023, 2014, Capacity Building

  30. Improving Efficiency of the Ministry of Interior's Complaints Commission

    HR0024, 2014, Justice

  31. Promoting Civil Participation in the Work of Civil Society Organizations

    HR0025, 2014, Civic Space

  32. Improving the Content and Transparency of Budgetary Documents: Publish and Update the State Budget Proposal

    HR0001, 2012, Fiscal Transparency

  33. Improving Transparency of Business Activity of the Companies of Special State Interest

    HR0002, 2012, Private Sector

  34. Making the Contents of All Budgetary Documents Understandable and Accessible to Citizens

    HR0003, 2012, Fiscal Transparency

  35. Improving Accessibility of Local Budget Contents to the Citizens and the Public: Give Recommendations to Local Units to Publish Budget Documents

    HR0004, 2012, Fiscal Transparency

  36. Starred commitment Improving the Legislative Framework for Exercising the Right of Access to Information: Amend the Act on the Right of Access to Information

    HR0005, 2012, Legislation & Regulation

  37. Starred commitment Improving Access to Information on Expending Public Resources and Contents of Relevant Registers: Implementation of Acts on Political Activity and Campaign Financing

    HR0006, 2012, Civic Space

  38. Ensuring Transparent Work of Public Authority Bodies in the Service of Exercising Citizen Rights: Enhancement of Web Portal with Info on Exercising Rights

    HR0007, 2012, E-Government

  39. Starred commitment Setting up a System of Participatory Drafting and Monitoring of State and Local Budget Implementation: Public Discussions on Budget Allocation

    HR0008, 2012, Participation in Budget Processes

  40. Starred commitment Improving the Practice of Consulting the Interested Public in Procedures of Adopting New Laws: Amend Procedural Rules

    HR0009, 2012, E-Government