Lobbying: A Definition
Lobbying can be defined as a set of coordinated actions aimed at exerting targeted influence on public decision-makers, primarily by providing expert information and analysis to persuade them of the merits or drawbacks of a particular initiative.
These efforts are conducted in full respect of democratic institutions, without coercion or obligation, with the goal of fostering informed and voluntary support. Through arguments and data, lobbying seeks to highlight the importance or potential inefficacy of a political, legislative, regulatory, or administrative measure.
It is therefore a constructive dialogue, conducted within the bounds of institutional rules, in which private or nonprofit stakeholders strive to share their expertise, defend their interests, and present viewpoints that contribute to a more informed and thoughtful public decision-making process.
Lobbying is a matter of argumentation, persuasion, and advocacy. That is why a lobbyist’s primary skill, within the constraints of the constitutional framework (the organization of public powers), is the ability to convince key institutional actors of the validity of their arguments and the relevance of their proposals.
The most accurate way to define a lobbyist is as an advocate—one of a special kind, since they advocate before public authorities and elected officials. Advocacy in a parliamentary democracy means engaging with institutions established by a constitution and represented by democratically elected individuals.
This form of advocacy is conducted within the framework of the higher legal norms binding on all citizens, as well as the organic laws governing public institutions. A lobbyist must therefore organize their efforts of persuasion and influence in accordance with these institutional rules.
Lobbying and the Law: The “Sapin 2” Act and Its Decree
Under French law, according to Article 18-2 of the Act of October 11, 2013, as cited on the website of the Haute Autorité pour la transparence de la vie publique (HATVP – High Authority for Transparency in Public Life), lobbying—or interest representation—is defined as actions aimed at “influencing public decisions, particularly the content of a law or regulatory act, by entering into communication” with one of the designated public officials listed in the article.
This legal framework establishes that any person or entity attempting to shape legislation or regulation through interaction and dialogue with public officials falls within the scope of interest representation when such communication occurs.
Additionally, Article 1 of the decree dated May 9, 2017 clarifies that such communication must be initiated by the interest representative. It also outlines types of interactions that, by their nature, are not considered lobbying activities. The decree thereby excludes certain communications that are deemed incidental or not directly impactful on public decision-making.
Lobbying Involves Influencing:
I : Through Communication:
- Organizing informal discussions or one-on-one meetings ;
- Arranging a meeting with a public official on behalf of a third party ;
- Inviting or organizing events, meetings, or promotional activities ;
- Maintaining regular correspondence (email, letters, etc.) ;
- Sending petitions, open letters, or flyers ;
- Organizing public debates, marches, or online influence campaigns ;
- Participating in hearings or formal consultations on legislative or regulatory matters ;
- Submitting proposals to influence the drafting of public decisions ;
- Providing expert analyses or information to convince decision-makers ;
II : As a Primary or Regular Activity:
- When it constitutes over 50% of one’s professional time
- Or involves more than 10 contacts per year with public officials
III. Regarding a Public Decision:
- Laws, including constitutional laws
- Ordinances under Article 38 of the Constitution
- Regulatory acts
- Unilateral administrative acts
- Public service concessions
- Decisions relating to public-administration relations
- Public procurement contracts (with a value equal to or above EU thresholds)
- Deliberations concerning semi-public companies
Except:
- Administrative authorizations for which one is eligible
- Administrative appeals
IV : With Designated Public Officials:
- Members of the government, ministerial staff, or presidential advisors
- Leaders of independent administrative authorities
- Local officials from territorial entities or associated public institutions
- Parliamentary officials according to the 1958 ordinance and parliamentary ethics officers
The Lobbyist or Interest Representative
According to these provisions, a person is considered an interest representative or lobbyist when two conditions are met:
- Organizational Criterion: This refers to the status of the person or entity. The individual must act within a defined framework and be recognized as a private or institutional actor with interests to promote.
- Substantive Criterion: This relates to the actions undertaken, which must aim to influence public decisions proactively.
A combination of these two criteria—status and activity—is necessary to determine whether someone qualifies as a lobbyist or interest representative.
An interest representative may be:
- An individual who carries out this professional activity independently
- Or an executive, employee, or member of:
- A private legal entity
- A public institution or group engaged in industrial or commercial activities
- A chamber of commerce and industry
But does not include:
- Elected officials acting within their mandates
- Political parties or groups acting within their official roles
- Civil servant unions, employee unions, or employer organizations acting under their mandates
- Associations representing elected officials acting within their statutory missions
