Professional Documents
Culture Documents
Transparent Lobbying
and Democracy
Šárka Laboutková Vít Šimral
Technical University of Liberec University of Hradec Králové
Liberec, Czech Republic Hradec Králové, Czech Republic
Petr Vymětal
University of Economics, Prague
Prague, Czech Republic
© The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer
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Foreword
v
vi FOREWORD
of commerce, and many other special interests. You need to make it clear
that times are changing, and it is time to come out of the shade. That is
what makes it difficult—as “lobbyists themselves often lobby against regu-
lation of lobbying”. To change that and break through this veil of secrecy,
you need to arm yourself with sound conceptual and methodological
framework, reliable data, and plenty of locally based examples and case
studies. And that is exactly what this book magnificently and elo-
quently provides.
Authors come up with some innovative tools, namely “Catalogue of
transparent lobbying”. They look and evaluate the impact on both key
stakeholders (lobbyists and targets of lobbying), monitoring of lobbying
activities and sanctioning for breaches of rules. This tool holds out bench-
marking capacity of sound framework for understanding of lobbying in
the context of democracy, legitimacy of decision-making, and account-
ability. But it is not dry theory only; in fact it has very practical implica-
tions to policy process and comes up very timely. In most of Central and
Eastern European countries, there is currently lively political debate over
lobby regulations; how to make it workable, sensible, and enforceable; and
how it affects quality of democracy.
This book covers efficiency of pro-transparency rules and lobbying
environment around the world. But specifically, it offers rare insight into
democratic and transparent decision-making in Central Europe. So, if you
want go beyond biased and superficial coverage, read this book. Credible
authors offer to any reader pretty unique level of clarity of this part of
Europe and its political machinery. The research focuses on Visegrad 4
countries plus Austria and Slovenia (one might think of its former Austro-
Hungarian past). New democracies are fragile, vulnerable, challenged,
and often misunderstood, but at the same time they consist of viable seg-
ments of civil society, educated population and strong yearn for demo-
cratic, liberal and inclusive political environment.
As a political scientist and civil society expert, I have followed the efforts
of my colleagues Šárka Laboutková, Petr Vymětal, and Vít Šimral with
great interest. They have been intensively engaged in researching the
influence of transparent lobbying on the democratization process in
recent years. I am very pleased that one of the outputs is a comprehen-
sive publication that you are opening right now. Issues related to civil
society, democracy, the public sphere, political culture, and lobbying are
the lifelong interest of my professional career; I am the author of a num-
ber of scholarly books and articles on these issues. Currently, I am the
head of the Department of Political Science at the University of
Economics, Prague. The topic investigated in this book is also close to
my heart because of my active involvement in local politics and a num-
ber of NGOs.
In the past, I collaborated with two of the authors, Šárka and Petr, on
the first Czech scholarly book on lobbying titled Lobbying in Modern
Democracies (2010) to provide an overview of the topic and to fill an
extensive gap in the understanding of lobbying in liberal societies. But we
knew that much more had to be done. All of the authors have participated
in research into other related topics from this area—for example, transpar-
ency in lobbying, corruption, and political parties funding. They all have a
long history of analyzing and interpreting the aspects of transparent
decision-making and I am convinced that it is their personalities and expe-
rience with the given subject that guarantee the quality of this book. It
should certainly be included in the library of both scientists and practitio-
ners dealing with lobbying and related issues.
This book is another big step forward. Just as we were very careful in
the original book that the message about the legitimacy of lobbying in
modern democracies and the resolute distinction between lobbying and
corruption is unambiguous, the authors of this book are very convincing
in claiming that transparent lobbying is an essential part of responsible
decision-making and contributes to the quality of democracy. The pre-
sented book is of a high quality thanks to the authors’ complex approach
to the issue, as well as a combination of theoretical and empirical investiga-
tion of transparent lobbying rules. The results of such research represent a
fundamental contribution to the theory of democracy, to the process of
democratization, and to the specification of sophisticated factors strength-
ening the institutional quality and the institutional reflexivity.
viii FOREWORD
The leitmotif, which winds like red thread through the whole book,
are rules of transparent lobbying in connection with transparent decision-
making. The starting point of this book is on the lack of systematic effec-
tive regulation of lobbying activities and its evaluation so far. The authors
state that “it is not easy to build strong rules that meet the requirement
of transparency and efficiency for all subjects in the industry” and “almost
no studies address the quality lobbying environment in the broader scope
of the means on decision making”. Nevertheless, they argue, it is “neces-
sary to involve more variables for an evaluation of the overall level of
transparent lobbying […] where the transparency in lobbying is concep-
tualized in the broader environment of decision making”. For this pur-
pose, the authors create an innovative catalogue of lobbying transparency
containing four main categories—lobbyist, targets of lobbying, sunshine
principles, and sanctions. I warmly welcome the submission of this cata-
logue as a challenge for further discussion not only in the professional
community and between practitioners but also as a great opportunity for
the general public to realize how complex the transparent decision-mak-
ing environment can be. Every day, decisions influencing the lives of
many are taken by public officials. The opportunity to see them “under
the microscope”, see what standards they use and who influences them, is
in the interest of all citizens. The book also presents a critical view of
rational choice theory, as well as problems related to the failure of the
government in connection with poorly-determined regulation and admin-
istrative burdens.
The significant contribution of this book is also in the empirical analysis
of lobbying in Central and Eastern European countries, with detailed data
for Austria, the Czech Republic, Hungary, Poland, Slovakia, and Slovenia
based on the catalogue created by the authors. The added value is that the
authors also evaluate the results in terms of historical context and in the
context of the development of civil society in the region. The political and
legal culture in this region is influenced not only by several generational
experiences with the totalitarian regime but also by the economic and
social consequences of rapid economic and social liberalization without
properly functioning institutions and rules.
The book Transparent Lobbying and Democracy by Šárka Laboutková,
Vít Šimral, and Petr Vymětal definitely provides a comprehensive view
into the phenomenon of lobbying. Personally, as a well-established scien-
tist specializing in democracy, civil society, and the public sphere, I see it
FOREWORD ix
This book deals with the current, as yet unsolved problem of transparency
of lobbying. In the current theories and prevalent models that deal with
lobbying activities, there is no reflection of the degree of transparency of
lobbying, mainly due to the unclear distinction between corruption, lob-
bying in general, and transparent lobbying.
In the complex world of public policy-making, it is desirable for public
administrations to engage in continuous dialogue with outside stakehold-
ers. All interested parties should be able to have their say, but this should
be done in a transparent way. As lobbying activities can raise risks of cor-
ruption and regulatory capture, it is desirable to have mechanisms in place
to frame such activities. Such mechanisms can help to create both clarity
and transparency in the relationship between public authorities and out-
side stakeholders. As such, they can help to reduce the risk of corruption.
This book provides a perspective on transparency in lobbying in a com-
prehensive and structured manner. Our approach is innovative in its focus
on the factors of transparent lobbying which have never been previously
considered. The book delivers a new solution consisting of both an inter-
disciplinary approach to the topic and especially the effort to create a
methodology for assessing the transparency of lobbying, its role in democ-
ratization process and a methodology for evaluating the main conse-
quences of this transparency.
The text is a result of a four-year-long research project on transparency
of lobbying and democratization, funded by the Grant Agency of the
Czech Republic and carried out at the Technical University of Liberec by
the authors. The particular conclusions were published in several articles
xi
xii PREFACE
This work was supported by the Czech Science Foundation, under grant
number GA16-08786S “Impact of Transparency of Lobbying on
Democratization and Its Consequences”, and by the Philosophical Faculty
of the University of Hradec Králové, under grant project “Specific Research
2018—International Conference in Social Sciences on Public and Private
Interest”.
xiii
Contents
1 Introduction 1
9 Conclusion241
xv
xvi CONTENTS
xvii
xviii About the Authors
xix
List of Tables
xxi
xxii LIST OF TABLES
xxiii
CHAPTER 1
Introduction
(Hobbes 1651). Hobbes believed that the state could rule impartially
over society.
Rousseau, on the other hand, had an optimistic view of human nature
and believed in man as an individual who, by his own volition, based on an
active exchange of opinions and social attitudes, was able to free himself
from his egoistic interests and came to the knowledge of the common
good. While the state was the guarantor of morality for Hobbes, it repre-
sented a rogue of the natural order for Rousseau. He found the starting
point in the fiscal conclusion of the so-called social contract, which gener-
ates the enforcement of the general will by integrating the will of all indi-
vidual members of society (Rousseau 1755).
However, John Locke’s liberal democratic political theory (1632–1704)
was most prominent in the West. His conception of society was pluralistic.
The social contract is not in Locke’s conception of converting heteroge-
neous interests into interests fully homogeneous or beneficial (as Rousseau
thought), but is the result of competition interests and their refinement
based on social consensus. There is no need for superior authority (state)
to reach consensus in society, but the means to achieve it can be found
within society itself (Locke 1689).
The functioning of society from the perspective of various forms of
political association was examined by the French political thinker Alexis de
Tocqueville (1805–1859). Contrary to Hobbes, he argued that associat-
ing in order to achieve a common goal, whether specific or public, is more
important than simple egoism. General and private, according to
Tocqueville, is something that can never be severely separated. Tocqueville
believed in the balance of freedom and equality (political and economic)
and in the balance of the interests of the individual and society. However,
governments tend to override the general interest over particular interests.
Therefore, according to him, it is necessary to establish the subject of
general interest in advance and to strictly define the powers of the govern-
ment, since it has the tendency to expand its power and powers itself.
Tocqueville thought that ultimately government should not be about pre-
venting citizens from pursuing their interests or activities and forcing them
to do something for the common good, but showing that justice is the
common good, if everyone wants to promote their individual interests
safely (according to Müller 2003, p. 60).
In 1959, Lipset defined democracy as “a social mechanism for the reso-
lution of societal decision making among conflicting interest groups,
which permits the largest possible part of the population to influence these
6 Š. LABOUTKOVÁ ET AL.
Gouldner 1964; Crozier 1964; Niskanen 1971; Wilson 1991), the theory
of stakeholders/actors and new forms of governance (Jachtenfuchs and
Kohler-Koch 2004; Sørensen and Torfing 2007), the theory of regulation
(Stigler 1971; Peltzman 1976; Levine and Forrence 1990; Balleisen and
Moos 2009), the theory of representation of interests (Olson 1971; Brokl
et al. 1997; Grossman and Helpman 2002; Goehring 2002), and public
choice theory, which developed quite a comprehensive analytic apparatus,
providing a rigorous explanation of corruption and its effects on the effi-
ciency of the rule of law (Downs 1957; Buchanan and Tullock 1965;
Mitchell and Munger 1991; Mueller 1989). Ferejohn (1986), Persson
et al. (2003), and Blumkin and Gradstein (2002) apply the principal-
agency framework to policy decision-making, whereby the ruling govern-
ment is viewed as an agent whose actions are only imperfectly monitored
by the public. Blumkin and Gradstein (2002) find that the more the ruling
government tends to be corruptible, the less transparent is the decision-
making process. Lack of transparency magnifies the moral hazard problem
in the interaction between the electorate and the ruler, making the control
of the latter more difficult. A more open and democratic political system
brings less possibility for corruption.
Economic models of interest groups and lobbying are based on the
economic theory of politics—more specifically on the assumption that
voters maximize the utility and that political parties (the government)
maximize electoral votes. Economic models describing the influence of
interest groups are trying to answer two basic questions: In which way do
interest groups influence policy in democratic systems? And how should
the government support or control this effect?
Scholars focus on describing the mechanisms by means of which the
rational behavior of individuals is aggregated by various institutional actions
to irrational and undesirable political outcomes. Olson’s economic model
(1971) implies the conclusion that powerful organized groups restrict eco-
nomic growth and stifle the political and economic system. The Chicago
School shows organized interests and lobbying as an influence on policy in
the context of the principal-agent problem. The role of interest groups in
shaping the relationship of principal-agent in non-market decision-making
can act as a factor explaining the specific economic policies as a result of
successful lobbying. Stigler (1971), Posner (1974) and Peltzman (1976)
focused on regulation. They have identified the cause of the demand for
regulation itself within regulated industry. The state is here perceived as a
supplier of regulation (such as fixed prices, entry restrictions, subsidies,
suppression of substitutes and vice versa support of complementary
1 INTRODUCTION 13
In terms of geography, data used for empirical testing are limited pri-
marily to countries in East Central Europe: Austria, the Czech Republic,
Hungary, Poland, Slovakia, and Slovenia. These countries share the com-
mon heritage of the Habsburg Empire and their cultural and socio-political
closeness makes them a well-suited region for the application of a most
similar systems design (MMSD) comparative strategy (e.g. Lijphart 1971).
The selection of Austria, the Czech Republic, Hungary, Poland,
Slovakia, and Slovenia is based on the long-term Habsburg legacy argu-
ment. The core countries of the former Habsburg Empire share striking
similarities that might have to a large degree originated in the era of their
common absolutist state. The first clashes of modern mass politics took
place between Austrian, Czech, Hungarian, Polish, Slovakian, Slovenian,
and other politicians in the common representative organ, the Imperial
Council or Reichsrat. This period lasted for almost half a century, and dur-
ing these first five decades striking similarities between political systems
and party systems on respective national levels were established. Sovereign
national states that emerged from the Habsburg Empire after the First
World War carried further these features of similarity (see, e.g. Šimral
2012). Before the majority of post-Habsburg successor states turned
authoritarian, their constitutional and party-system make-ups bore close
resemblance to the pre-1914 Imperial politics. When democracy in East
Central again resurfaced after some six decades of fascist, pro-Nazi, and
communist dictatorships, the common Habsburg cultural, historical, and
political legacy resurfaced as well.
While the focus of the present work is on post-communist countries,
the inclusion of Austria in the set enriches the present work with the pos-
sibility of comparing post-communist experience with a control case that
has enjoyed democracy since after the Second World War. Most students
of post-communism focus exclusively on post-communist countries and
do not transgress boundaries that existed between the socialist Eastern
world and the “free” Western world before 1990; the same applies to stu-
dents of Western European politics and party systems. Only slowly do
these two groups merge and endeavor to juxtapose countries from the
former Eastern bloc with those of the former West. The present work
wants to add to this trend by having a mixed set of cases.
The present text also makes allusion to other countries, especially those
where lobbying has been a standard part of politics, such as the United
States or the United Kingdom. These countries are, however, discussed
18 Š. LABOUTKOVÁ ET AL.
When dealing with empirical data, the present book uses a combination
of both qualitative and quantitative methods. According to Kouba (2011),
interpenetration and complementarity of both methods brings positive
synergy effects.
The methodological and theoretical progression of the book follows
standard academic works. Key terms and concepts are defined in Chaps. 2
and 3 based on previous literature and theories of other scholars of lobby-
ing and a review of existing legal norms. In Chap. 4, the theory-building
part begins with the introduction of a catalogue of pro-transparency rules
on lobbying. These rules are found by juxtaposing several existing assess-
ments of lobbying rules and finding their common core and general prin-
ciples. The qualitative assessment of the positive and negative effects of the
proposed categories is performed via a Regulatory Impact Analysis within
the method of Cost-Benefit Analysis. Chapter 5 presents an actor-centered
model of lobbying and the use of the rational-choice theory in research
into lobbying regulations. Lobbying and the concept of informational
symmetry are treated as variables of game theory. Chapter 6 presents a
comparison of lobbying regulations around the globe. In Chap. 7, a
descriptive analysis is used to provide a full picture of the development of
lobbying regulation in Central and Eastern European countries (CEECs)
and the chapter evaluates the current situation via a newly created cata-
logue of transparent lobbying. A cost-benefit analysis of lobbying in these
countries is used in the form of a comparison of lobbying regulations with
their benefits—using CPI Index—and the costs incurred in connection
with implementation, functioning, and checking of regulatory rules—
using CII Index. Chapter 8 describes initiatives associated with the intro-
duction of open government data, especially the Open Government
Partnership project, and calculates to what degree partnership countries
from CEECs fulfill requirements set by the project. Chapter 9 summarizes
theoretical and methodological proposals introduced in the book and
evaluates their strengths and weaknesses.
20 Š. LABOUTKOVÁ ET AL.
Jennifer Kartner—Austria,
Radana Kubová—Czech Republic,
Sandor Lederer—Hungary,
Bartosz Kwiatkowski—Poland,
Emilia Beblavá and Matúš Sloboda—Slovakia,
Vid Tomic—Slovenia.
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