Article

Of historical burdens, misperceptions and recent scandals: Austria's bumpy journey towards professional public affairs

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Abstract

Austria's development in terms of political management and the modernization of the country's interest mediation system is to be characterized by one word: delay. In comparison with other liberal western democracies, the stronghold on the political system by the organizations of the Austrian social partnership that had existed from 1945 limited the development of a modern political consulting industry. The social partnership was described as ‘Austria's shadow government’ by political scientists in the 1980s. Until the late 1990s, a transparent political consulting market, driven by professionalism and competition, was neither encouraged nor wanted – and simply did not exist. When the coalition government of the People's Party and the Freedom Party came into power in 2000, the system was changed fast. Owing to the creation of a disconnect between those two parties in power and the traditional policy making entities, the year 2000 was also the starting point for public affairs and lobbying-consultants in Austria. In 2003, the professional public affairs industry gathered to form the Austrian Lobbying and Public Affairs Council, more a platform of a few like-minded consultants than a trade association. In 2006, the institutions of the social partnership lobbied to have themselves established in the Austrian constitution: since then their mandatory membership as well as their contributing role in political decision making is based on the constitution. In 2011, the whole system came to an abrupt halt, when a series of so-called ‘lobbying-scandals’ sent shockwaves through the political system. Those scandals all have several aspects in common: they all involve politicians and party-affiliated consultants and they all circle around the question of corruption. Quickly afterwards, the Austrian federal government responded by drafting a lobbying regulation and registration law, the first ever to be introduced in Austria. A few months later, the federal government presented its final draft, which included registration in three tiers. For consultancies, the draft called for total transparency. Corporations, non-governmental organizations and associations had weaker requirements for transparency and the institutions of the social partnership were required to register with their name and web-address only. In September 2011, the Austrian Public Affairs Association was founded, representing public affairs professionals from companies, associations, agencies and non-governmental organizations.

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... The definitions of 'lobbying' and a 'lobbyist' are not identical across the jurisdictions, and the research has shown how differences in definitions reflect local traditions as well as responsiveness to political and economic concerns. In countries with a strong corporatist tradition, such as Austria, the 2012 law makes considerable concessions with regard to trade unions (Crepaz 2016;Köppl 2012). In some countries, laws are specifically aimed at tempering the risk posed by professional consultancy lobbyists. ...
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This legal comparative article analyzes the regulatory framework of lobbying services provided by law firms in the European Union and the USA. The comparison of regulation between the jurisdictions focuses on three aspects: (1) the definition of lobbying, (2) the legal advice exception, and (3) alignment with bar association rules. While the EU and the USA are largely aligned on the first two points, the differences emerge with respect to the third. The EU regulatory framework ignores lawyers’ professional obligations, which, together with the bar associations’ half-hearted embrace of lobbying rules, is found to be the main reason why law firms in the EU fly under the regulatory radar. With lawyers increasingly becoming involved in the lobbying and advocacy market, the EU and its Member States need to bring their rules on par with the US regulatory model that acknowledges bar association rules as lobbying regulation.
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Chapter
Each country chapter of this volume provides an overview of the national lobbying industry, taking into consideration also institutional, historical and cultural variables, and placing the analysis of lobbying and public affairs into a wider picture. A short overview of the country’s political system is given, illustrating the institutional structure, the party system or the weight of particular political actors. In order to describe the features of the lobbying industry in the country, various pieces of information are considered, such as the regulatory framework (and relative ‘flaws’), the number of professionals working in the sector, the presence of specific educational pathways (master’s degrees or courses), the presence of professional associations and, if any, of deontological charters or self-disciplinary measures. Overall, an assessment on the degree of professionalisation and development of the industry is formulated, addressing also the perception of lobbyists by the public opinion and the influence of the EU supranational level on the national environment, imagining future scenarios and trends.
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