Lobbying Activities in Serbia and the Role of Lawyers: Analysis of the Anti-Corruption Agency Opinion

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The opinion of the Anti-Corruption Agency, No. 014-011-00-0048/20, issued on February 21, 2020, has sparked interest and debate regarding the ability of lawyers to engage in lobbying in Serbia. This article will examine the key points of this opinion and explore the conditions under which individuals whose profession is a lawyer can engage in lobbying in accordance with the Law on Lobbying and the rules of the legal profession.

Lobbying Activities in Serbia

According to the Law on Lobbying, lobbying is defined as an activity that influences the organs of the Republic of Serbia, autonomous provinces, and local self-government units in order to promote the interests of lobbying beneficiaries. This encompasses governmental bodies in the process of enacting laws, other regulations, and general acts. This very activity raises debates about whether lawyers can act as lobbyists.

The Opinion of the Anti-Corruption Agency

The Agency’s opinion emphasizes that lobbying is an activity, not an occupation or a profession. This implies that lawyers, like other individuals, can engage in lobbying, but under certain conditions. Furthermore, it underscores that lawyers must adhere to principles of integrity during lobbying, including legality, transparency, accountability, and ethical conduct.

The Role of Lawyers in Lobbying

The Law on the Legal Profession stipulates that the legal profession provides legal assistance to individuals and legal entities, encompassing various legal aid tasks on behalf of beneficiaries. However, lawyers are prohibited from engaging in activities that are incompatible with the reputation and independence of the legal profession, nor can they have any other registered independent activities.

Conclusion

Based on the opinion of the Anti-Corruption Agency, lawyers in Serbia can engage in lobbying as an activity, but only if they do so in accordance with the law, transparently, ethically, and responsibly. This opinion opens up room for further debate about the role of lawyers in lobbying and the preservation of the integrity of this process in Serbia.

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