By Judith Gliniecki

February 6, 2006

In light of the recent corruption scandals, I would hazard a guess that the word "lobbyist" qualifies as an aspersion in Poland. At least the act of July 7, 2005, on Lobbying in the Legislative Process, which comes into effect on March 7, 2006, suggests that professional lobbyists are suspect and their activities should be monitored.

The act defines the term "lobbying" broadly as consisting of every lawful activity intended to influence public officials in the legislative process. Forget about the image of cigar-smoking fat cats wining and dining their good friends in the government. After March 7, 2006, potentially anyone who risks stating an opinion, writes a letter to their representative in the Sejm or Senate, or otherwise agitates for a change in law is lobbying. If I'm not really careful about what I say, I too could become a lobbyist.

Professionals need only apply

Fortunately, as my opinions are my own (even my husband doesn't always agree with me), I don't qualify as a professional lobbyist. Even if I get outspoken, I don't have to register or adhere to the obligations placed on professional lobbyists.

The act defines "professional lobbying" as paid lobbying activity conducted on behalf of other people in order to have their interests reflected in the legislative process. In other words, someone paid you to try to do something about a law or regulation.

Registration

Anyone wanting to hold himself out as a professional lobbyist must register with the Ministry of Public Administration. The process is straightforward: you send an application for entry in the register on the official form and pay a small fee. The register is public information, and the information contained in it will be published in the Public Information Bulletin.

Administrative reports

Now the fun starts. Even though the act allows lobbying to take place at public administrative offices and even guarantees access for lobbyists, it requires those public officials to tell all. Public officials must immediately publish in the Public Information Bulletin a report about any professional lobbying, including information on what the lobbyist seeks. In addition, the head of a public administrative office must prepare a report annually, summarizing who lobbied, for what, how, and the effect of the lobbying on the legislative process. With all this extra paperwork, public officials may be less than enthused to talk with any professional lobbyist.

Informal lobbying

With the hassle of professional lobbying, the act anticipates strict penalties for those who attempt to engage in professional lobbying without registering. Public administrative offices must report professional lobbying activities by unregistered lobbyists. Furthermore, unregistered lobbyists may be fined from z?.3,000 to 50,000 for engaging in professional lobbying.

Public hearings

The silver lining in the act creates a procedure for public hearings on anticipated laws and regulations. In other words, everyone will have an opportunity for their opinions to be heard in the legislative process. To facilitate this right, the Council of Ministers is to prepare, semi-annually, a schedule of work on proposed legislation, and draft bills and regulations are to be published in the Public Information Bulletin. Anyone interested in commenting (or lobbying) with respect to a draft bill or regulation may apply to become an interested party. The downside is that information from your application (including your statement on why you are interested) will be published in the Public Information Bulletin.

Judith Gliniecki is the managing partner of Rymar and Partners