'This Is Not a Foreign Agents Law' - The Commission’s New Directive on Transparency of Third Country Lobbying

Autor: Emilia Korkea-aho
Jazyk: German<br />English
Rok vydání: 2023
Předmět:
Zdroj: Verfassungsblog, Iss 2366-7044 (2023)
Druh dokumentu: article
ISSN: 2366-7044
DOI: 10.59704/0c3773dcac07f533
Popis: On Tuesday, 12 December 2023, the Commission adopted its long-awaited Defence of Democracy package, which includes a Proposal for a Directive on Transparency of Interest Representation on behalf of Third Countries. Dubravka Šuica, Commissioner for Democracy and Demography seemed eager to clarify what the Directive is not. Šuica emphasised that the Directive “is not a foreign agents law”. But the more a statement is repeated, the less credible it appears. Rather, the opposite appears to be true. And so, the devil is not in the name, it lies in enforcement. Despite the Commission’s assertion that full harmonisation of the Directive prevents Member States from gold-plating or potentially worse activities, the Commission has limited control over how Member States apply and enforce their national laws. This is the biggest risk of the proposal.
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