Leading civil society organizations, including the Workshop for Civic Initiatives Foundation, called for the withdrawal and complete revision of the draft Law on Transparency and Integrity in Governance, published for public discussion at the end of January.
In an opinion to the Minister of Justice Andrey Yankulov, the organizations warn that the bill not only does not guarantee greater transparency, but also creates a risk of restriction of constitutional rights and narrowing of civic participation.
The opinion was signed by the Bulgarian Institute for Legal Initiatives, Center for the Study of Democracy, Access to Information Program, Bulgarian Helsinki Committee, Anti-Corruption Fund, Workshop for Civic Initiatives Foundation and Institute for Market Economics. Some of them participated in the working group that developed the initial concepts for the regulation of lobbying.
Transparency for whom – the government or the citizens
In the opinion, the organizations point out that the need for more transparency is undeniable, but the draft relies on a centralized and sanctioning model that shifts the burden to citizens and organizations instead of to institutions. The name of the bill suggests that transparency can be achieved through obligations to external actors, and not through accountability of the authorities to society.
Regulations that stop citizens
The draft provides for a register of all those who carry out “representation of interests”, with declaration of activities and funding and fines for non-compliance. The definition of lobbying is so broad that it can affect normal forms of civic participation – opinions, expert opinions, participation in legislative meetings. This creates a “chilling effect” and fear of participating in the public debate.
The Constitution and Europe on the Test
The organisations question the compatibility of the project with freedom of expression, the right of association and civic participation. Mandatory registration as a condition for contact with the authorities can be a disproportionate intervention, similar to EU-criticised models that stigmatise NGOs.
Risk of concentration of power
The proposal to maintain the register by the Court of Auditors mixes audit and regulatory functions, creating a risk of conflict of interest. As an alternative, a step-by-step approach is proposed – firstly, transparency of the contacts of MPs and political cabinets, plus mechanisms for monitoring the external influence on the bills.
Withdrawal request
The organizations insist that the project should not be submitted to the Council of Ministers in its current form and that it be returned for complete revision. Regulation of lobbying is necessary, but it must strengthen trust in institutions without restricting civic space or democratic rights. Without these changes, the law risks turning transparency into an instrument of control, not accountability.
Read the whole opinion here.