Opaque transparency: an analysis of the Israeli lobbying regulatory regime of 2008

After some failed attempts to regulate the lobbying, the Israeli Parliament—the Knesset—passed the Lobbyist Law on April 2nd 2008. Although lobbying is a common and legitimate part of the democratic process, it raises issues of trust, equality of access, and transparency. What motivated the MKs to regulate lobbying—public interest, private interest, or symbolic politics? The MKs claimed that the law was needed for improving transparency whereas MK Yechimovich declared that it balances the strength of the rich, represented by lobbyists and the wide public. Assessing the achieved transparency in the comparative framework of other lobbying regulatory regimes, we see that the law confers tangible benefits on powerful interest groups, while providing only symbolic gestures to the public. Lack of information available for MKs creates a need for lobbyists for political intelligence and MKs need to identify the interests in play to guarantee for themselves the necessary legislative subsidy. Copyright © 2011 John Wiley & Sons, Ltd.     

Lobbying and regulation in a political economy: Evidence from the U.S. cellular industry

In this paper we empirically test the simultaneity between the effects and the determinants of price regulation in the U.S. mobile telecommunications industry. We find that the regulatory regime is endogenous to firms pricing strategies. Because of lobbying successfulness, firms avoided regulation in those markets where it would have been more effective. Therefore, regulation did not significantly reduce cellular tariffs in regulated markets but it would have decreased them if adopted in non-regulated ones. Also, we provide evidence that the choice of the regulatory regime strongly depends on the political as well as regulatory environments.     

Regulating Lobbyists: A Comparative Analysis of the United States, Canada, Germany and the European Union

Lobbying is central to the democratic process. Yet, only four political systems have lobbying regulations: the United States, Canada, Germany and the EU (most particularly, the European Parliament). Despite the many works offering individual country analysis of lobbying legislation, a twofold void exists in the literature. Firstly, no study has offered a comparative analysis classifying the laws in these four political systems, which would improve understanding of the different regulatory environments. Secondly, few studies have analysed the views of key agents—politicians, lobbyists and regulators—and how these compare and contrast across regulatory environments.
We firstly utilise an index measuring how strong the regulations are in each of the systems, and develop a classification scheme for the different 'ideal' types of regulatory environment. Secondly, we measure the opinions of political actors, interest groups and regulators in all four systems (through questionnaires and elite interviews) and see what correlations, if any, exist between the different ideal types of system and their opinions. The conclusion highlights our findings, and the lessons that can be used by policy-makers in systems without lobbying legislation.     

Legitimacy through targeted transparency? Regulatory effectiveness and sustainability of lobbying regulation in the European Union

Regulating interest groups’ access to decision makers constitutes a key dimension of legitimate and accountable systems of government. The European Union explicitly links lobbying regulation with the democratic credentials of its supranational system of governance and proposes transparency as a solution to increase legitimacy and regulate private actors’ participation in policy making. This lobbying regulation regime consists of a Transparency Register that conditions access to decision makers upon joining it and complying with its information disclosure requirements. The extent to which transparency‐based regulatory regimes are successful in ensuring effective regulation of targeted actors and in being recognised as a legitimate instrument of governance constitutes a key empirical question. Therefore, the study asks: Do stakeholders perceive the transparency‐based EU lobbying regulation regime to be a legitimate form of regulatory governance? The study answers by building on a classic model of targeted transparency and proposes perceived regulatory effectiveness and sustainability as two key dimensions on which to evaluate the legitimacy of the Register. The arguments are tested on a new dataset reporting the evaluations of 1,374 stakeholders on the design and performance of the EU lobbying regulation regime. The findings describe a transparency regime that scores low in perceived effectiveness and moderate to low in sustainability. Citizens criticise the quality of information disclosed and the Register's performance as a transparency instrument. The Register did not effectively bridge the information gap between the public and interest groups about supranational lobbying. In terms of sustainability, interest organisations appreciate the systemic benefits of transparency, but identify few organisation‐level benefits. Organisations that are policy insiders incur more transparency costs so they instrumentally support transparency only insofar it suits their lobbying strategies and does not threaten their position. Insiders support including additional categories of organisations in the Register's regulatory remit but not more types of interactions with policy makers. They support an imperfect regulatory status quo to which they have adapted but lack incentives to support increased transparency and information disclosure. Targeted transparency proves an ineffective approach to regulating interest groups’ participation in EU policy making, constituting a suboptimal choice for ensuring transparent, accountable and legitimate supranational lobbying.     

LONG TERM CARE REGULATION IN THE STATES: A SYSTEMIC PERSPECTIVE

In recent years there has been growing interest in differing state roles in the regulation of the health care industry. Most of this attention has stressed the impact of regulatory policy with only superficial attention directed towards understanding the extent to which states can be counted on to act effectively in the area of health care regulation. Using the regulation of nursing homes as a focus, this study evaluates a variety of sociocultural, political, and economic conditions for their impact on the development of various regulatory policies. The findings suggest that the development of certificate of need legislation and reimbursement controls were not related to significant changes ir, states' budgets for Medicaid services or in bed/population ratios. Instead, regulatory efforts were more closely linked to the sociopolitical environments surrounding the policy arena. While these factors provide some indication of the potential for strong state action in the regulatory arena, ultimately the use of state regulatory policies will depend quite centrally on the innovative tendencies of the state, its organizational capacity for addressing policy issues, and the nature and extent of interest group politics.     

A comparative insight into the status of the lobbying regulation debate in Estonia

This paper focuses on different approaches towards regulating lobbying. Special attention is paid to policy formulation regarding lobbying regulation in Estonia. The Estonian case study is juxtaposed with the regulatory solutions of lobbying in Scandinavian and post-communist countries. The reason for choosing such a comparative framework is justified by the fact that these two sets of countries have chosen rather dissimilar approaches in interpreting the role of lobbying in society. As Estonia's policy decisions are often determined by both of these two spaces of political culture, the article polemicizes over the question of which path Estonia could take in terms of regulatory framework for lobbying. The analysis concludes with policy recommendations to Estonia as well as with suggestions for further theoretical research directions for understanding better the policy impact of lobbying regulations designed and implemented by post-communist states. Copyright © 2014 John Wiley & Sons, Ltd.     

Lobbying: fantasy,reality or both? A health care public policy case study

This paper provides a theoretical explanation for lobbying as interpersonal rhetorical communication based on the tenets of symbolic convergence theory (SCT). SCT is a general theory of communication in the symbolic interactionism paradigm. Nowhere in the extant communication literature, including the scholarly public relations research, is lobbying explicated in this way. This paper utilises a health care public policy case study to illustrate SCT in lobbying practice. The emphasis here is on how lobbyists use homo narrans, or human storytelling, in influential face‐to‐face information exchange with public policy decision makers to be persuasive on behalf of their clients. The ultimate aim of this paper is to build the current body of theoretical and practical knowledge about lobbying, to advance more positive perceptions of lobbyists and lobbying and to improve the practice of lobbying in producing effective public policy outcomes. Copyright © 2001 Henry Stewart Publications     

Regulatory inspection and the changing legitimacy of health and safety

The regulation of conduct via law is a key mechanism through which broader social meanings are negotiated and expressed. The use of regulatory tools to bring about desired outcomes reflects existing social and political understandings of institutional legitimacy, the meanings attached to regulation, and the values it seeks to advance. But these contextual understandings are not static, and their evolution poses challenges for regulators, particularly when they reflect political framing processes. This paper shows how inspection has been reshaped as a tool within the United Kingdom's health and safety system by changes in the meanings attached to the concept of “risk‐based regulation.” While rates of inspection have fallen dramatically in recent years, the nature and quality of inspection have also been fundamentally reshaped via an increasingly procedural and economically rational “risk‐based” policy context. This has had consequences for the transformative and symbolic value of inspection as a tool of regulatory practice.     

How political and social change will transform the EU public affairs industry

The EU public affairs industry is failing to recognise that political and social change is rendering its traditional approach to lobbying redundant. The key change is the growing importance of public opinion. Politicians are tending to follow rather than lead public opinion. The public is becoming more individualistic and more prone to emotional appeals. Pressure groups are increasingly setting the political agenda. The Internet is reinforcing all these trends and multiplying the number of political actors. To survive and prosper, public affairs practitioners need to adopt a strategic view of public affairs, which is aligned with companies' brand strategies. This view must be based on a holistic view of politics and recognition that winning public trust, acceptance and support is the prerequisite of successful lobbying. The emphasis will therefore shift away from traditional elite lobbying towards NGO‐style campaigning and mobilisation of public support. Copyright © 2003 Henry Stewart Publications     

Inside versus outside lobbying: How the institutional framework shapes the lobbying behaviour of interest groups

Different types of interest groups use different lobbying strategies. This article presents an investigation of this already well‐established hypothesis once more, but additionally proposes that the institutional framework of the country in which interest groups operate also influences their lobbying behaviour. More specifically, it is shown that groups working in the interest of the public are better integrated into the policy‐making process when direct democratic instruments, such as referendums, occur regularly (as in Switzerland) than when referendums are the exception (Germany). The article demonstrates that Swiss cause groups – often also referred to as ‘public interest groups’ in the literature – use a more balanced mixture of insider and outsider strategies than their German peers, but also that this moderating effect cannot be found for specific interest groups, such as industry groups or unions.     

Regulation and evasion: Street-vendors in Manila

There are various reasons why the often stated gap between policy formulation and policy implementation is especially large in developing countries: ambiguous policy goals, decision-making without considering the needs of those affected, low degree of compliance and administrative capacity of implementing agencies etc What is perhaps most striking is the fact that interest aggregation generally occurs at the enforcement stage only. This means that laws and regulations can be sapped and distorted along the lines of the power constellations of the actors involved. The case study presented here deals with the regulatory aspects of street-vending in the particular cultural environment of a South-East Asian capital, Manila. It is demonstrated that regulations are more inspired by Western images of modernization largely removed from the harsh socioeconomic realities of the sector.Moreover, compliance is minimized by cultural values (conflict avoidance, respect of power structures) governing the behavior of lower level administrative agents and hawkers alike. The overall result is that regulations are purely symbolic and ineffective, nevertheless maintaining a climate of harassment and extortion.The paper advocates a more positive approach towards street-vendors combining minimal regulation with measures of encouragement and public assistance.     

The regulatory style of environmental governance in China: the case of EIA regulation in Shanghai*

The body of literature that examines how institutional contexts affect environmental governance in advanced industrial countries finds that style of environmental regulation is country‐specific. In the pluralist form of democracy like the United States, environmental policy formulation involves bargaining and compromises among interest groups and regulation enforcement through relatively formal and legalistic means. In the corporatist form of democracy like Sweden and Great Britain, in contrast, environmental policies are more accommodating to divergent societal interests and tend to be less formal in their enforcement. These variations in regulatory style have been attributed to differences in basic constitutional structures, regime types and cultures. How do institutional contexts affect the style of environmental regulation in China, which is both a non‐democratic and developing country? This article examines China's regulatory style by focusing on environmental impact assessment (EIA) regulation in Shanghai. The Shanghai EIA system is analyzed in terms of policy ideology, policy content, regulatory process, public participation and policy consequences. It is shown that China's being a single‐party regime with a ‘rule of persons’ tradition has heavily shaped its environmental governance. Based on Shanghai experience, China's style can be characterized as formal in requirement, agency‐dominated in the regulatory process, legalistic in enforcement, and informal politics as the substance of regulation. Copyright © 2000 John Wiley & Sons, Ltd.     

Does globalization drive interest group strategy? A cross‐national study of outside lobbying and social media

Social media offer a new outside lobbying tactics for interest groups, yet many examinations of social media use by interest groups have been case studies or single‐country studies. While much can be learned from those approaches, national‐level factors – such as the style of policy making and globalization – cannot be fully addressed. The aim of this paper is to demonstrate the relationship between globalization and the use of social media as an outside lobbying strategy with cross‐national data. Controlling for other factors, I argue that globalization creates isomorphic pressure on interest groups to adapt new lobbying tactics, thereby increasing the likelihood of using social media and using it in certain ways. Specifically, based on data collected from interest groups operating in 13 countries, the analysis shows that globalization is associated with more internationally‐bounded social media strategies, but also with lower social media resonance. Copyright © 2015 John Wiley & Sons, Ltd.     

Financial industry mobilisation and securities markets regulation in Europe

The 2007–2009 financial crisis has led to considerable debate about the role of financial industry actors in global regulatory processes. This article seeks to contribute to this debate by assessing when and why financial industry actors mobilise in order to influence securities markets regulations. Do these mobilisation patterns suggest undue influence by a small set of powerful industry actors, or do they reflect the engagement of a more diverse set of actors representing broader public interests? It is argued that variation in mobilisation patterns is a function of: (1) institutional opportunity (the openness and accessibility of regulatory politics); and (2) demonstration effects (how crises increase the salience of regulatory issues). Empirical analyses suggest that the financial crisis diminished the diversity of mobilising actors. This trend, however, is reversed when the news media disseminate information about the costs of weak financial regulation and thereby increase the salience of regulatory issues.     

Public affairs practice and lobbying inequality: Reform and regulation of the influence game

Although vigorous lobbying by groups within society is essential for the functioning of democracy, it is widely perceived that resource‐rich groups, particularly corporations, enjoy unfair advantages and influence. This perception damages public trust in the efficacy of civic participation and the legitimacy of policymaking. This problem intermittently leads reformers and scholars to assess and develop policies that might assist in addressing lobbying power imbalances. This paper takes up Moloney's call for exploring ways of intervening in the communicative economy to directly address the problem of lobbying inequality. It considers the extent of lobbying inequalities and theoretical frameworks for understanding how resources enable an influence advantage, before assessing the types of regulatory approaches that have been used by democratic institutions. Voluntary measures that could be taken by the corporate sector and professional associations are considered, alongside the current interest in using digital platforms to identify inequalities and incorporate public preferences as a variable in allocating lobbying resources.     

论中国利益群体参与公共政策制定存在的问题

处于社会转型期的中国,如何处理利益群体参政问题关乎改革开放的历史进程和社会稳定。中国的渐进式改革路径在保持社会稳定方面发挥了重要的作用,但是这种渐进式改革更多地表现在经济领域,而政治领域的改革,特别是公民参政权的落实则略显迟滞和不够。由此引起的矛盾和问题使人们产生了诸多不满和怨恨,因此探讨中国利益群体在参与公共政策制定上存在的问题,对于进一步完善中国利益群体参政的路径、提高政府的执政能力和管理创新能力,其理论价值和现实意义不言而喻。     

The Regulatory Gift: Politics,regulation and governance

This article introduces the “regulatory gift” as a conceptual framework for understanding a particular form of government‐led deregulation that is presented as central to the public interest. Contra to theories of regulatory capture, government corruption, “insider” personal interest, or profit‐seeking theories of regulation, the regulatory gift describes reform that is overtly designed by government to reduce or reorient regulators’ functions to the advantage of the regulated and in line with market objectives on a potentially macro (rather than industry‐specific) scale. As a conceptual framework, the regulatory gift is intended to be applicable across regulated sectors of democratic states and in this article the empirical sections evidence the practice of regulatory gifting in contemporary United Kingdom (UK) politics. Specifically, this article analyses the 2011 UK Public Bodies Act, affecting some 900 regulatory public bodies and its correlative legislation, the 2014 Regulator's Code, the 2015 Deregulation Act, and the 2016 Enterprise Bill. The article concludes that while in some cases the regulatory gift may be aligned with the public interest – delivering on cost reduction, enhancing efficiency, and stimulating innovation – this will not always be the case. As the case study of the regulatory body, the UK Human Fertilisation and Embryology Authority, demonstrates, despite the explicit claims made by legislators, the regulatory gift has the potential to significantly undermine the public interest.     

The acceptance,relevance and dominance of lobbying the EU Commission — a first‐time survey of the EU Commission's civil servants

Among public affairs techniques lobbying is by far the most mystifying one — at least in Europe. Lobbying comes from the Latin word ‘labium’ and means ‘entrance hall’ or ‘lounge’. Therein the essential meaning can be seen: today political decisions are not made in plenary assemblies but primarily in the pre‐political phase of balancing the various interests. Lobbying is to be understood as the ‘diverse intensive activities of social groups, chambers and companies in the political and bureaucratic vestibule’ (Beyme 1980). Modern lobbying on the EU level is an intermediary policy for the support of political decision making — even if some critics refuse to believe it. Lobbying at EU level has become a politically realistic dimension. Even if the mass media still take a very sceptical and negative view of lobbying in Brussels, based on the existing European taboo on influencing politics, an in‐depth analysis reveals various lobbies at work in EU institutions. Lobbying today is an essential part of all EU decision areas. This paper describes the functional theory approach of lobbying known as ‘cooperation as confrontation through communication’. For the first time, recipients of lobbying in the EU Commission are demonstrating their acceptance of lobbying efforts. The paper is based on the doctoral thesis ‘The acceptance, relevance and dominance of lobbying the EU Commission’ by Peter Koeppl, University of Vienna (unpublished). Copyright © 2001 Henry Stewart Publications     

Unity and conflict: Explaining financial industry lobbying success in European Union public consultations

This article examines the contingent nature of financial industry lobbying power in the context of the policy formation stage of six European Commission regulatory proposals. I argue that lobbying success is a function of how well finance is able to speak with a unified voice. Building on existing studies, I examine industry unity as explicit preference alignment between actors but also in terms of actors abstaining from stating preferences. Staying silent on an issue sends signals to policymakers about issue saliency and industry support. Using a novel dataset derived from document coding and interviews, I examine the impact of industry unity on lobbying success in shaping six financial regulatory proposals in the context of the European Union. My findings show that lobbying success is partially contingent on the extent to which finance is united behind a common position. Critically, however, lobbying success is also related to the nature of that position, whether supporting the proposal or whether in favor of strengthening or weakening regulatory stringency.     

The Capture Theory of Regulations—Revisited

Amidst the rekindled interest in regulating the market that has emerged since the 2008 financial crisis, most attention has been paid to the debate between those who call for more regulation of the private sector in order to protect the public good, and those who claim that such regulations would do further damage to the economy by unduly constraining business. This essay seeks to refocus the debate about regulation by examining an alternative criticism––the theory of regulatory capture––which argues that regulations are routinely and predictably 'captured' and manipulated to serve the interests of those who are supposed to be subject to them, or the bureaucrats and legislators who write or control them. Ample evidence suggests that regulatory capture is indeed widespread and takes a variety of forms, which are reviewed here. Rather than debating whether more or less regulations are needed, the paper suggests that what is needed is a way to make regulations stronger––more capture-proof. It closes with a major policy change that would help accomplish this goal.