CCBE Position on the Preliminary Draft Report of Alexander Stubb (FI

Représentant les avocats d’Europe Representing Europe’s lawyers

CCBE Position on the preliminary Draft report of Alexander Stubb (FI, EPP-ED) on the development of the framework for the activities of interest representatives (lobbyists) in the European institutions, 2007/2115 (INI), 31.10.2007

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Introduction

The Council of Bar and Law Societies of Europe represents more than 700,000 European lawyers through its member bars and law societies of the European Union and the European Economic Area. In addition to membership from EU bars, it has also observer representatives from a further six European countries’ bars. The CCBE responds regularly on behalf of its members to policy consultations which affect European lawyers.

The CCBE has taken an active role in the European Transparency Initiative, and submitted a response to the Green paper from the European Commission on the subject: http://www.ccbe.org/ fileadmin/user_upload/NTCdocument/ccbe_response_gp_on_1_1182239810.pdf.

Furthermore, the CCBE has already submitted a position on the definition of lobbying, following a request from Alexander Stubb (FI, EPP-ED), Rapporteur for the topic from the Committee on Constitutional Affairs of the European Parliament: http://www.ccbe.org/fileadmin/ user_upload/NTCdocument/CCBE_position_on_the1_1196952912.pdf

CCBE proposed amendments

With regard to Mr Stubb’s preliminary draft report of 31 October 2007, 2007/2115 (INI), the CCBE wishes to continue its pro-active role and contribute to the continuing debate on the transparency of political institutions. The CCBE fully supports transparency in the decision-making of the EU institutions as a prerequisite for legitimacy, and considers the draft report as an important step in the development of the European Transparency Initiative Framework.

The CCBE supports the comment in Recital 19, namely to remind the Commission that financial figures are not always the best way to give information on the scale of lobbying activity, (…). In this respect, the CCBE would stress that clear rules are still to be developed on how to obtain information which is useful to assess external influences on the legislative process, and how this information can be obtained without breaking recognised principles of confidentiality or creating overly burdensome administrative procedures.

In order to achieve the highest level of transparency without breaching existing deontological rules, e.g. rules on confidentiality recognised by the European Court of Justice, the CCBE proposes the following amendments:

8. Emphasises that all actors falling under this 8. Emphasises that all actors falling under this definition should be equally considered as definition should be equally considered as lobbyists and treated in the same way: lobbyists and treated in the same way: professional lobbyists, companies' in-house professional lobbyists, companies' in-house lobbyists, NGOs, think-tanks, trade lobbyists, NGOs, think-tanks, trade associations, trade unions and employers' associations, trade unions and employers' organisations and lawyers when they are organisations and lawyers when acting for acting for influencing the policy and not on influencing the policy and not on case-law; case-law; they are not

a) representing a client in judicial, quasi- judicial, administrative, disciplinary and other proceedings; or b) giving legal advice in the context of the political and decision making processes of the European institutions.

13. Asks the Commission to negotiate with the 13. Asks the Commission to negotiate with the Parliament on the proposed Code of Parliament on the proposed Code of Conduct for lobbyists; reminds the Conduct for lobbyists; asks the Commission Commission that the Parliament has already to acknowledge that lawyers will be had such a Code for more than 10 years; subject only to their own Code of Conduct and to the Commission’s proposed new code depending on whether the activities fall under the definition mentioned in Recital 8 or not; reminds the Commission that the Parliament has already had such a Code for more than 10 years;