Prezydencki lobbing. Regulacja prawna działalności lobbingowej w odniesieniu do Prezydenta RP. Teoria i praktyka

Abstract

The Polish law on lobbying activity in the legislative process was passed on July 7th, 2005. Analysis of the practice of the law on lobbying could lead to a conclusion that it covers only the Sejm, the Senate and the Council of Ministers’ activities. Nevertheless - which is the main thesis of this article - it applies also to the president of Poland, as a head of state and important organ of the executive power. „Professional lobbying activities” in Poland are related to specific rights and duties. These include partly lobbyists, and most of all the recipient of lobbying. According to the law on lobbying, the head and employees of the presidentialoffice have certain responsibilities and duties. Firstly they are obliged to report all lobbying activities addressed to the president. Secondly – the head of the office should regulate in detail the inner rules of lobbying activities conducted therein. After 10 years the law on lobbying is still not applicable to the described area. There are no reports and no inner regulations at all. This article provides justification for the thesis presented above: the Lobbying Act applies to the president and his administration. In the article I also present some examples of different types of lobbying activity addressed to the president of Poland. The article aims to strengthen the postulate of immediate implementation of the provisions of the Act, which for the past decade was not at all respected by the presidential administration. The conclusions of the article are summarized in several points. They apply to both the current lobbying law and proposals for the necessary changes.