The Expert Council on NGO Law – a body of the Conference of INGOs – is publishing its Opinion on the Compatibility of the Bulgarian Law on Interest Representation with European Standards. The Opinion concludes that regulating lobbying is not inherently problematic. However, insofar as such regulation affects NGOs, it must comply with the requirements of legality and proportionality established by the case law of the European Court of Human Rights concerning permissible interferences with freedom of association and related rights.
In this respect, the Opinion finds that the Law lacks sufficient legal certainty because key concepts triggering registration obligations are vague and insufficiently defined. As a result, the authorities may enjoy overly broad discretion in determining who is required to register in the Transparency Register. The Opinion further concludes that the Law may impose disproportionate burdens on NGOs engaged in public-interest advocacy, including organisations working in the fields of human rights and environmental protection. The broad definition of “interest representation” risks encompassing ordinary participation in democratic policy-making processes. At the same time, certain professional and sectoral organisations are exempt from obligations imposed on NGOs, raising concerns regarding unequal treatment and discrimination. The sanctions regime is also considered potentially excessive in light of the ambiguity of the Law and the limited harm associated with possible violations.
The Opinion emphasises that any lobbying regulation must remain compatible with the rights to freedom of expression, association, and participation in public affairs protected under the European Convention on Human Rights. It therefore recommends that the Bulgarian authorities use the one-year moratorium on sanctions to conduct inclusive consultations with civil society and revise the Law in line with European standards.
More information about the Expert Council
