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MIANU – Science and Practice (SAP) : Journal of Social Sciences and Humanities, Vol. 1 No. 3, 2023.

Review article

CRIMINAL LAW ASPECTS OF LOBBYING IN THE REPUBLIC OF CROATIA

Mirko Smoljić orcid id orcid.org/0000-0002-2858-4656 ; North University *

* Corresponding author.

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Abstract

Lobbying as an integral part of modern democratic processes, plays a key role in shaping political and legislative decisions. In the Republic of Croatia, lobbying represents an area that is still awaiting its full normative regulation. This paper seeks to explore the criminal law aspects of lobbying in the context of the Croatian legal
system, particularly in light of the lack of specific legislation on lobbying. Given that the Government of the Republic of Croatia has recently proposed the adoption of a Lobbying Act, which is currently in parliamentary procedure, this research comes at a crucial time for understanding and potentially shaping the future legislative
framework. The paper will analyze the proposed law that the Government of the Republic of Croatia has put into parliamentary procedure, with a special emphasis on the Criminal Code of the Republic of Croatia, which prescribes criminal offenses such as trading in
influence and illegal intermediation with state officials and civil servants. The paper will also illuminate how the lack of a specific law on lobbying affects the transparency and ethicality of the political process in Croatia. In addition, the research includes an international context, particularly the obligations arising from the recommendations
of GRECO (Group of States Against Corruption) and the Strategy for Combating Corruption, and how they affect Croatian legislation and lobbying practices. Through this paper, an attempt is made to contribute to a better understanding of the dynamics between lobbying and the criminal justice system in Croatia, and to encourage discussion about the need and manner of regulating lobbying activities in order to promote transparency and accountability in the political process.

Keywords

lobbying; criminal law aspects; ethics in politics; combating corruption

Hrčak ID:

343978

URI

https://hrcak.srce.hr/343978

Publication date:

15.11.2023.

Visits: 321 *