According to the lobbying client register accessible on the ASK website, only one request has been recorded, submitted by the non-governmental organization (NGO) “Parents Association.” This lobbying effort pertains to amendments to the Criminal Code (CC) regarding minors and children. However, the timeline of this submission remains unclear. Unofficial information from “Vijesti” suggests that this NGO sought stricter penalties in the relevant section of the CC, but this lobbying endeavor was unsuccessful.

Prior to the enactment of the new law, ASK informally indicated to the newspaper that numerous informal and unregulated lobbyists existed within the business sector, and many companies employed individuals in lobbying roles, albeit without those titles.

Obtaining a certificate after passing the lobbying exam, issued by the ASK, is a mandatory requirement for individuals wishing to engage in this field.

“Vijesti” reached out to several registered lobbyists to inquire why they had no work or income, but none wished to comment publicly.

Unofficially, one lobbyist indicated that the current government administration is not conducive to lobbying activities. They claimed that several individuals who passed the state examination necessary for lobbying have not registered in the ASK public registry, and that politicians misinterpret the term lobbying, placing it in a negative light. They believe that while the lobbying process was intended to be transparent, it has not effectively taken root.

AND LOBBYED TO CONTACT ASK

The Lobbying Law was initially enacted in 2014, and a new version was introduced in June of the prior year, as part of the so-called IBAR Law, which was essential for Montenegro’s progress in negotiations with the European Union (EU).

As detailed on the ASK website, the law primarily “promotes the principles of transparency, confidentiality, association, integrity, and conflict of interest avoidance.” The new regulation defines lobbying as activities aimed at influencing legislative and executive authorities at both state and local levels, as well as independent and regulatory bodies and public institutions…

Influence can also be exerted on other legal entities that exercise public powers or engage in activities of public interest or state ownership during the legislative process, seeking to achieve the goals of the lobbying client.

Lobbying may be conducted by individuals with a valid permit issued in accordance with the law, as well as by companies or NGOs meeting the prescribed statutory requirements, including internal lobbyists employed by the lobbying client.

A lobbied person is defined as any official whose appointment has been approved by one of the three governing bodies, including MPs and councilors.

Lobbyists are required to submit an official note to the ASK regarding any lobbying contacts within five days of such interactions, along with reporting suspicions of unauthorized lobbying. Following this, the ASK initiates a process to determine if unauthorized lobbying or violations of other legal stipulations have occurred. The authority must publish information regarding lobbying contacts on its website.

The new law further outlines lobbying procedures, detailing the contents of lobbying orders, and stipulating conditions under which the lobbying client, lobbyist, or lobbying legal entity must cease lobbying activities, terminate contracts, or annul orders.

Once again, lobbyists must notify the ASK of lobbying contacts within five days and inform the agency of any suspicions regarding unauthorized lobbying. The ASK will then proceed with investigations to ascertain if any unauthorized lobbying or legal violations have taken place, and is obligated to disclose information about lobbying contacts on its website.

Some of the mentioned provisions were absent in the previous law, others have been redefined, while some have been intensified.

SPENT 343 MILLION IN THE EU, 4.4 BILLION IN THE USA

Since the ratification of the Lisbon Treaty in 2007, which restructured the EU’s framework, lobbying has become an integral aspect of political decision-making and legislative procedures within that community.

In 2008, the European Commission introduced a voluntary register for lobbyists, evolving in 2011 into a joint register with the European Parliament, granting the public insight into the activities of lobbyists.

Beginning in January 2019, the European Parliament implemented binding regulations regarding lobbying transparency, demanding that MEPs disclose meetings with lobbyists. Reports from the Corporate Europe Observatory indicate that at least €343 million was spent on lobbying within the EU last year.

In the United States, as indicated by Radio Free Europe, lobbying serves as a fundamental element of the political system, empowering various interest groups to affect legislative and executive processes. In 2024, total lobbying expenditures in the United States amounted to $4.4 billion, according to data from the OpenSecrets website (opensecrets.org).

Lobbying holds a particularly significant position in US presidential elections, often linked with so-called political action committees (PACs) and super PACs that participate in campaign financing. These entities gather contributions from individuals affiliated with the Republican and Democratic parties, allowing one person to donate up to $5,000 annually to each candidate. Conversely, super PACs are permitted to accumulate and expend limitless funds, provided they do not directly coordinate with candidates or their campaigns.

During the 2024 presidential election, super PACs wielded a considerable influence on the electoral outcome. Billionaire Elon Musk contributed around $238.5 million to political organizations backing the incumbent US president Donald Trump. These funds mainly aimed at boosting voter turnout in so-called swing states, as reported by the Brussels-based Politiko.

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