The Lobbying in Post-communist Time: Bulgarian Case

Elena Stavrova
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引用次数: 4

Abstract

We are witnessing the pressure from public interest groups that take important business decisions. There are various discussions about what activities should be seen as lobbying and which do not meet the criteria for lobbying. This dilemma can be considered from a theoretical and practical point of view. The broad public does not look positively and perceives lobbying as an illegal and selfish activity very often strongly connected with or bordering on corruption. The experts have provided numerous definitions of lobbying as a transparent and legitimate way of representing the interests of minority groups. The interest groups are trying to influence the decision-making process for their private benefit and therefore intervene in the legislative process in order to realize the asymmetric personal benefit. But the interests of society may be on the opposite side. These two principles may conflict in certain cases. The subject of our analysis is the behavior of groups or organizations that we can assume that they should serve the public interest. The theory of personal interest focuses on the individual's analysis as a promoter of his own goals, wishing to maximize his personal benefit. The boundary between the fulfillment of public or individual interest is the point of contradiction, particularly with regard to lobbying benefits or damage to society and the ethics of lobbying. This paper summarizes the arguments and counterarguments within the scientific discussion on the ethics of lobbying as a beginning of researches of this problem in Bulgarian society. The main purpose of the research is to analyze the lobbying ‘phenomenon and lobbying case studies in Bulgarian practice. The systematization of literary sources and the approaches to solving the problem of lobbying ethics shows that the practice of lobbying in Bulgaria does not differ significantly from the world experience. In Bulgaria, as well as in countries with developed market relations, the business systematically attempts to influence directly on the process of business rules ‘creating, thus distorting asymmetrically economic interests and motives in their favor. Very often, these interests are detrimental to the other participants in the economic system. The importance of the solution to this scientific problem is the adoption of European rules of lobbying ethics by building an adequate legal basis, including a law on lobbying. The need for such a law is tangible due to the need to regulate relations between Bulgarian and foreign investors and their ability to influence the decision-making. The study of the ethics of lobbyism in the article is done in the following logical sequence: first, the introduction analyzes the tasks and describes the methods to be used, secondly clarifying the semantics of the term, third a review of the literature, examples of the Bulgarian business practice where the business has managed to force the legislative bodies to make decisions exclusively for its benefit. Due to the nature of the research question, the only possible option of the author is a quantitative analysis of digital data collected from secondary sources (daily, periodical press and internet sources). The author faces the challenging problem of the limited availability of data on the analyzed cases, which hinders the overall review of the business practice. Most of the publicly available data are the result of discussions and own research of materials from the work of public institutions. The study empirically confirms and theoretically proves that lobbying as a form of mediation between the state and interested parties is an opportunity to place the state and its institutions in a position of asymmetric justice in making important decisions for society. There may be suspicion or at least a threat to the weak or unsettled resilience of democratic societies. The results of the survey may be useful for state institutions in determining the permissible level of influence of the business on the work of legislative and executive power.
后共产主义时代的游说:保加利亚的案例
我们正在见证来自公共利益团体的压力,这些团体负责做出重要的商业决策。关于哪些活动应该被视为游说,哪些活动不符合游说标准,有各种各样的讨论。这一困境可以从理论和实践的角度来考虑。公众并不乐观,认为游说是一种非法和自私的活动,往往与腐败密切相关或接近腐败。专家们提供了许多关于游说的定义,认为游说是代表少数群体利益的透明和合法的方式。利益集团为了自己的私利,试图影响决策过程,从而干预立法过程,以实现个人利益的不对称。但是,社会的利益可能站在相反的一边。这两个原则在某些情况下可能会发生冲突。我们分析的主题是我们可以假设他们应该为公众利益服务的团体或组织的行为。个人利益理论侧重于个人作为其自身目标的推动者的分析,希望使其个人利益最大化。公共利益与个人利益之间的界限是矛盾的点,特别是在游说对社会的利益或损害与游说的道德方面。本文总结了游说伦理科学讨论中的争论和反对意见,作为保加利亚社会这一问题研究的开端。本研究的主要目的是分析保加利亚实践中的游说现象和游说案例。文献来源的系统化和解决游说伦理问题的方法表明,保加利亚的游说实践与世界经验没有明显的不同。在保加利亚以及具有发达市场关系的国家,企业有系统地试图直接影响商业规则的制定过程,从而使经济利益和动机不对称地向有利于自己的方向扭曲。通常,这些利益对经济体系中的其他参与者是有害的。解决这一科学问题的重要性在于,通过建立充分的法律基础,包括关于游说的法律,采用欧洲的游说道德规则。由于需要规范保加利亚投资者与外国投资者之间的关系及其影响决策的能力,因此需要制定这样一项法律。文章中对游说伦理的研究是按照以下逻辑顺序进行的:首先,引言分析了任务并描述了要使用的方法,其次澄清了术语的语义,第三,对文献进行了回顾,保加利亚商业实践的例子,其中企业设法迫使立法机构专门为其利益做出决策。由于研究问题的性质,作者唯一可能的选择是对从二手来源(日报,期刊出版社和互联网来源)收集的数字数据进行定量分析。作者面临的具有挑战性的问题,有限的可用性的数据分析的案例,这阻碍了商业实践的全面审查。大多数可公开获得的数据都是对公共机构工作中的材料进行讨论和自己研究的结果。本研究从实证和理论上证实了游说作为国家与利益相关者之间的一种调解形式,是国家及其机构在为社会做出重要决策时处于不对称正义地位的机会。民主社会脆弱或不稳定的复原力可能受到怀疑,或至少是一种威胁。调查结果可能有助于国家机构确定企业对立法和行政权力工作的可允许影响程度。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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