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Law Regulations of Lobbying in Poland: Descriptive Essay
The concept of lobbying means influencing state authorities in the interest of certain political, economic or social groups.
In Poland, the term ‘lobbying’ appeared in public debates after 1989 and immediately took on a pejorative meaning. He was associated with corruption, behind-the-scenes dealing with cases and breaking the law. A negative look at the issue of lobbying is also influenced by the way it is presented in the media. It rarely appears as an integral component of democracy, it is shown rather in the context of scandals and scandals.
Regulations regarding lobbying can be found in the Constitution, which is not directly applicable to this phenomenon, but it regulates issues that remain closely related to it. It is mainly about the right of citizens to obtain information about the activities of public authorities within the meaning of art. 61 of the Constitution, which requires access to documents and access to meetings of collegial public authorities coming from general elections (including the Sejm and the Senate) or the possibility of recording sound or images during these meetings.
Lobbying should also be seen as a phenomenon related to the constitutional principle of a democratic state of law (Article 2), freedom of economic activity (Articles 20 and 22) and dialogue and cooperation between social partners (introduction to the Constitution, Articles 20 and 59 (2) ), freedom to express their views and to obtain and disseminate information (Article 54 paragraph 1), as well as the constitutional right to submit petitions, applications and complaints in the public interest, own or other person with its consent to public authorities (art. 63) or the principle of openness of the work of the Sejm (Article 113) and the Senate (Article 113 in conjunction with Article 124). Direct regulation in the field of lobbying is the act on lobbying in the law-making process, which introduces two definitions: lobbying activities and professional lobbying activities. The first is by definition very wide and considers ‘any action by legally permitted methods aimed at influencing public authorities in the law-making process’ for lobbying. It can therefore be concluded that its scope also includes activities constituting elements of civil and social dialogue and civic participation in the law-making process.
However, the specific provisions of the Act relate only to professional lobbying activities, ie variations of lobbying for a fee, on the basis of a civil law contract or as part of a business activity. The Act also defines a number of duties of a professional lobbyist as well as his certain rights, while omitting the lobbying activity of occasional lobbying.
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