Some notes on the regulation of lobbies in Spain

Abstract

This work attempts, from the outset, to contribute to a more precise distinction between the concepts of «interest group», «pressure group» and «lobby» or «lobbying» and some terminological considerations are made. The foundation of the lobby phenomenon in the right of expression and the participation of citizens in public activity and, more specifically, in the work of the law makers, who can also benefit from this activity of individuals, is briefly reviewed. A summary is made of some of the reasons for and against lobbying and the view that different societies have on this fact. After a very brief summary of the legislation on lobbying in the United States, the European Union and Spain, some ten recommendations are made on issues that the Spanish national legislation on lobbying should take into account, starting with the convenience of promulgating this regulation as soon as possible and continuing with some suggestions about its subjective and objective scope of application; the Lobby Registry and its content, public access and control and supervision body; requirements for lobby proposals and actions; need to provide for codes of conduct, rules on ·revolving doors·, proof of the «legislative footprint» and existence of sanctions that include pecuniary ones.