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What is interest representation and how will it be regulated in Bulgaria

Or what the Law on Transparency in Interest Representation provides for

At the end of the 51st National Assembly (March 2026), the adoption of the Law on Transparency in Interest Representation sparked a serious debate. After a four year process of drafting a bill to regulate the representation of interests the Law was hastily adopted by the Parliament within a week mid-march 2026. 

In this article, we will trace the history of the law, how its name and key terms came to be, what the legal framework ultimately provides for, and to what extent it threatens civic space. [1]

How the Draft Law on Transparency in Interest Representation Came About[2]

The Law adopted on the 19th of March 2026 is not the first legislative initiative to regulate lobbying activities in Bulgaria. Proposals were submitted to the Parliament in 2002, May 2008, October 2008, and 2015. The issue of regulating lobbying activities is back on the agenda in 2023 for two main reasons:

–             Fulfillment of Bulgaria’s pre-accession commitments to the Organization for Economic Cooperation and Development (OECD)[3] .

–             Implementation of the National Recovery and Resilience Plan (approved by Decision No. 203 of April 7, 2022, of the Council of Ministers)[4] .

Attempt to Distinguish Advocacy from Lobbying

As early as the end of 2023, a Draft Concept[5] for regulating lobbying activities in the Republic of Bulgaria was published for public discussion—the document also makes a clear distinction between advocacy and lobbying. According to the Concept:

Advocacy – defined for the purposes of the Concept as an activity carried out by non-profit legal entities and their representatives, registered for the public benefit, who aim to influence the decisions of a public authority for the benefit of society. Future legislation should require non-profit legal entities (NPLEs) serving the public interest to indicate in their annual activity reports whether they have interacted with the recipients of lobbying activities and what the outcome of such activities was. The reports are published in the Commercial Register and the Register of Non-Profit Legal Entities, which ensures sufficient transparency[6]

But clearly something has changed, and in March 2024 the Ministry of Justice (MoJ), under the leadership of Minister Slavov, sent a Draft Concept for the Regulation of Lobbying Activities in the Republic of Bulgaria to the Council for the Development of Civil Society[7] for review, which differs significantly from the draft submitted for public consultation, as it no longer distinguishes between advocacy and lobbying.  It should be noted that during the public consultation on the draft bill, which was held in early 2026, a number of opinions were submitted insisting that a distinction be made between advocacy in the public interest and representation in defense of private or economic interests. In the report published following the consultation, all these proposals were rejected with the argument that “Providing for such a distinction would not be in line with OECD standards and the EC’s position on the National Recovery and Resilience Plan.” [8]

In July 2024, when Maria Pavlova was already Minister of Justice (appointed as a caretaker minister), the European Commission’s annual Rule of Law Report was published[9] , stating that, according to data submitted by the Bulgarian government, the Council of Ministers had adopted a Concept for the Regulation of Lobbying Activities. However, this information turns out to be misleading, as the Concept was adopted only by Minister of Justice Pavlova in its amended version, without it being clear what necessitated the amendment. At the end of 2024, the Ministry of Justice announced that it starts drafting a law based on the amended concept, and presented to the members of the formed working group an initial draft that was heavily criticized by representatives of civil society.

Replacement of the terms “lobbying” and “lobbying activity” with “representation of interests”

In early 2025, however, the newly appointed Minister of Justice, Georgi Georgiev, expressed a commitment to involving the non-governmental sector in the process of drafting the bill.[10]  Consequently,  the Ministry of Justice initiated preliminary consultations on key issues related to future regulation in the summer of 2025, which already incorporated some of the main criticisms raised by civil society organizations.

The main proposals from civil society organizations:

  • Change the name, as the word “lobbying” or “lobbyist” has negative connotations in the Bulgarian context;
  • Provide more guarantees to protect the right to freedom of expression, access to information, freedom of association, and other fundamental rights;
  • Reduce/prevent the administrative burden associated with registration requirements and provide for incentives, rather than penalties, to ensure compliance with this legislation.

The public consultation on the draft law, which concluded on March 2, 2026, was also followed by a detailed report on the accepted and rejected proposals received, which are reflected in the draft law proposed by the Council of Ministers. Meanwhile, on March 4, 2026, the bill introduced by members of Parliament was considered at first reading by the Committee on Constitutional and Legal Affairs in Parliament. From the statements made by members of Parliament during the Committee meeting on March 4, as well as from a briefing by the Deputy Prime Minister on European funds on March 11, 2026, it became clear that the regulation on interest representation must be adopted within the current 51st National Assembly in order to meet the conditions for receiving funds under the Recovery and Resilience Plan.  On March 18, 2026, the Committee on Constitutional and Legal Affairs adopted the bill on second reading and the following day the bill was voted into law.  

WHAT THE NEW LEGAL FRAMEWORK ENVISAGES:

Key terms:

It is well known that in Bulgaria and in Central and Eastern Europe in general, the word “lobbyist” carries a negative connotation and is associated with corruption or conspiratorial activity.[11] In this regard, the term “interest representative” has been adopted instead of “lobbyist,” “interest representation” instead of “lobbying” and “advocacy,” and “transparency register” instead of “lobbyist register.”  The same terms are also used by the EU institutions, which maintain a “Transparency Register,” which is a “database of ‘interest representatives’ (organizations, associations, groups, and self-employed individuals) that engage in activities to influence EU policy and decision-making.”[12]

Again, with a view to avoiding a stigmatizing effect of the future law, the name “Draft Law on Transparency and Integrity in Governance” was chosen. The draft law submitted by the Council of Ministers is titled “Draft Law on Representation of Interests before Public Authorities.” Prior to the second reading of the Bill on Transparency and Integrity in Governance, members of parliament proposed changing the name to “Law on Transparency in the Representation of Interests.” Ultimately, the law was adopted under the name: Law on Transparency in the Representation of Interests.

The chosen terminological approach is appropriate, as it avoids the use of words with negative connotations that would stigmatize those engaged in the regulated activity. This avoids the risk that, instead of promoting transparency in participation, the law might lead to the undesirable effect of stigmatizing those involved.

Who is an interest representative, before whom does interest representation take place, and in connection with what

The law establishes a framework for ensuring “transparency, equal access, and a procedure whereby all interested natural and legal persons—representatives of interests—may express their views and exert influence in  the process of drafting legislative acts and other acts…., which are relevant to the formulation of the main directions of social development.”[13]

What does representation of interests mean:

“any oral or written communication” made by natural persons, legal entities, or an informal group with the persons specified in the law who adopt legislative and other acts listed in the law[14] , and this communication is carried out in the interest of public, group, or private interests, with the aim of influencing decision-making

However, interest representatives are subject to entry in the transparency register only if several additional conditions are met (see below).

Persons/bodies before whom interest representation takes place

  • members of parliament, experts, and advisors to parliamentary committees and parliamentary groups;             
  • the President and Vice President of the Republic of Bulgaria, their advisors and secretaries;
  • the Council of Ministers, the Prime Minister, the Deputy Prime Ministers, the ministers, the deputy ministers, and the members of the political cabinets, including their advisors and experts;
  • regional governors, mayors, municipal council chairs, and municipal council members;
  • the heads and members of other public institutions that have the authority to adopt or issue normative and general administrative acts in specific areas.

The acts (their adoption, amendment, supplementation, or repeal) in connection with which representation of interests is carried out:

  • regulatory acts;
  • general administrative acts;
  • national strategic and programmatic documents;
  • the positions of the Republic of Bulgaria regarding legally binding and strategic acts of the European Union or of international organizations in which the Republic of Bulgaria participates;
  • decrees for the promulgation or return for further consideration of laws;

According to the Bill, representatives of public authorities acting in the performance of their official duties and natural persons acting in their personal capacity and in their own interest are not considered to be representatives of an interest, except in cases where the natural person represents the interests of a legal entity in which they hold a stake or have managerial functions.

A similarly broad definition has been adopted by the OECD:

Lobbying and influence activities refers to actions, conducted directly or through any other natural or legal person, targeted at public officials carrying out the decision-making process, its stakeholders, the media or a wider audience, and aimed at promoting the interests of lobbying and influence actors with reference to public decision-making and electoral processes. [15]

The Bulgarian law does not provide for the regulation of so-called indirect lobbying (or grassroots lobbying), which involves mobilizing members of the public to engage with decision-makers by influencing public opinion. This concept of lobbying has not been adopted in European legislations and, accordingly, was not included in the Bulgarian draft law due to concerns that it would pose risks to the exercise of freedom of expression and conflict with a number of international treaties guaranteeing human rights.

Opinions and Participation in Working Groups

The Law also provides for additional conditions regarding the opinions and recommendations submitted by interest representatives, namely:

  1. When it is stated that an opinion comes from an organization, it must be submitted by a person with representative authority on its behalf.
  2. Opinions and recommendations must be substantiated, based on facts, and, where possible, supported by documentation.
  3. Opinions and recommendations containing defamatory, offensive, or obscene statements shall not be considered on their merits but shall only be noted as inadmissible.

With regard to participation in working groups and advisory councils (in accordance with the exceptions specified in the law, these activities may not be considered representation subject to entry in a public register), it is required that they declare what interests they represent and disclose any affiliations, including for the year preceding the date of their first participation, with persons who have an interest in the matter under consideration. The existence of a connection, as well as the interests represented, do not constitute grounds for recusal or self-recusal of a working group member,

What are the measures regarding public authorities

In addition to the requirements for private entities—interest representatives—the law also provides for other measures typical of similar laws in  Europe that are directed at public authorities. These include:

  • Maintaining calendars of meetings of public officials. It is envisaged that data from these calendars will be automatically entered into the Transparency Register.
  • Adoption by public authorities of ethical rules for the conduct of lobbying; however, no specific requirements are set forth regarding the content of these rules;
  • Creating a legislative footprint; in other words, attaching information on lobbying activities carried out in connection with each act of public authorities that may be subject to lobbying.
  • A one-year “cooling-off period” (a measure against so-called “revolving doors”) is also provided for, during which former public officials may not engage in lobbying.

However,  the bill does not provide for sanctions against representatives of public authorities for failure to fulfill these obligations, including the consequences related to the adoption of the act, if public authorities have committed violations regarding the recording of meetings in calendars, unauthorized contacts, etc.  According to the explanatory memorandum to the Council of Ministers’ draft bill, providing for sanctions against representatives of public authorities is unnecessary because:

No explicit sanction regime is provided for public authorities, but it is stated that a violation of the law is grounds for seeking disciplinary and other liability. To the extent that a violation of the obligation to report meetings may lead to unequal treatment of groups of interested parties, those affected also have the right to claim damages and to seek liability for discriminatory treatment under the Protection Against Discrimination Act ( ), and this does not need to be explicitly regulated in the proposed draft, as liability arises on a general basis[16]

Requirement for Entry in the Transparency Register and Exceptions

A key measure in legislative decisions regulating interest representation in Europe is the creation of a register. The Bulgarian law provides for the registration of only those interest representatives who meet at least one of the following conditions:

  • They engage in interest representation on a regular, professional basis. To meet this condition, the interest representative must have made at least nine contacts over a three-month period.[17] Addressing a statement to more than one person counts as a single contact.
  • The representation of interests is carried out on a commercial basis for third parties. For this condition to be met, the scope of the representation of interests must be such that it requires a specialized organization, as well as the allocation of additional material and human resources for its implementation.
  • The representation of interests is performed for a fee. (This means that there must be a contract for services or another type of agreement.)

Some of these terms remain unclear. For example, “special organization” or the commitment of “additional material resources” are not defined, nor is it clarified what constitutes a “contact” in the first scenario. Presumably, the legislative approach taken is not to explicitly define everything in detail, so as to leave it to the individuals themselves to make a judgment and self-declare, given that the law is intended to have an incentive effect and to encourage those engaged in such activities to register in the designated registry.

EXCEPTIONS

Again, following the examples of laws adopted in other European countries, exceptions are provided for in which registration in the Transparency Register is not required. According to the explanatory memorandum to the law, these exceptions are introduced  “so as not to restrict constitutionally guaranteed rights” and include:

  1. Lawyers;
  2. participants in working groups and advisory councils established by state bodies, as well as in hearings organized by the National Assembly, an executive branch body, or a local government body;
  3. The management of professional organizations established by law to protect the interests of their members;[18]
  4. persons participating in advisory or representative bodies established by a legislative act regulating the criteria for participation—for their participation in the activities of such bodies;”
  5. persons who, upon a documented invitation from a body under Article 5, provide information or expert opinions; 
  6. political parties acting within the scope of the functions assigned to them by the Constitution and the laws;
  7. registered associations of workers and employees, when they carry out activities to protect their interests in the field of labor and social security; 
  8. registered employers’ organizations acting to protect the economic interests of their members;
  9. citizens exercising their right to assemblies, rallies, and demonstrations within the meaning of the Law on Assemblies, Rallies, and Demonstrations;
  10. citizens carrying out activities under the Law on Direct Participation of Citizens in State Power and Local Self-Government;
  11. representatives of the media in the course of their activities involving the collection, dissemination, or analysis of information and news;
  12. representatives of registered religious communities and institutions carrying out activities related to the exercise of the right to freedom of religion; 
  13. organizations subsidized from the state or municipal budget—only in contacts with the bodies and persons under Article 5 related to the determination, modification, or receipt of a subsidy from the budget;”
  14. diplomatic and consular representatives of foreign states, foreign public bodies, and public international organizations, except where such bodies are represented by legal entities, offices, or networks without diplomatic status, or by an intermediary.

Two exceptions are cause for concern, as they create opportunities to easily circumvent the law in cases of representation related to the protection of economic interests, namely the exceptions for the legal profession (see point 1, one of the listed exceptions) and for employers’ organizations (see point 7). According to the law, “registered employers’ organizations acting to protect the economic interests of their members” are not subject to registration in the registry.[19] With regard to the legal profession, in the initial version of the Draft Law, the exception is limited solely to activities related to procedural representation. In the draft bill of the Council of Ministers and as proposed by members of parliament prior to the second reading of the bill, it is proposed that the exemption include all activities inherent to the practice of law – oral and written consultations and opinions on legal matters, drafting of any documents related to work commissioned by the client, representation of clients and defendants, and protection of their rights and legitimate interests before judicial authorities, administrative bodies and services, as well as before natural and legal persons.[20] In practice, these exceptions mean that businesses will be able to avoid registration in the Transparency Register by formally establishing an employers’ organization or simply by hiring a lawyer to act as their representative.

At the same time, a number of comments submitted during the public consultation proposed that exemptions also be provided for civil society organizations serving the public interest, insofar as they, like trade unions, political parties, and religious organizations, are established in connection with citizens’ constitutionally guaranteed rights. However, these proposals were rejected according to the published summary of the submitted comments. It should be noted that such an exception exists in the legal framework of Lithuania (an OECD member since 2018), and in Slovenia (an OECD member since 2010), an exception is provided for interest representation related to the protection of human rights, democracy, and the rule of law.

The National Audit Office is designated as the authority maintaining the registry, and the following information must be entered: identification details of the interest representative, the period during which the representation takes place, summary data on the number of persons involved in the activity, and details regarding remuneration received and the principal, if applicable. 

Two declarations are required: 

  • a declaration stating whether the representation is carried out for a fee or free of charge;
  • a declaration regarding the accuracy of the information provided[21]

For legal entities, interest representatives who are not required to publish an annual activity report are also required to submit a separate declaration regarding the amount spent on interest representation, which is published in the Commercial Register and the Register of Legal Entities.

As an incentive, the Law provides that an interest representative entered in the Transparency Register has the right to:

1.           to receive information from the persons and bodies specified in the Act as potential recipients of interest representation regarding draft legislative acts being prepared in areas of interest to the person as specified in the Register; 

2.           to be invited to participate in working groups for the drafting of legislative acts, meetings, and other forums in the areas of interest; 

3.           to receive permission from state or municipal authorities and institutions to access discussions on matters related to their declared interests, provided that this does not conflict with the provisions of special laws and other legislative acts regulating the activities of these authorities and institutions. 

Penalties for Failure to Comply with Obligations Related to Registration

Failure to register

The Draft Law proposes sanctions for pursuing interests without fulfilling the obligation to register. The sanctions are general—ranging from 1,000 to 2,500 euros for individuals and from 2,500 to 7,500 euros for legal entities—without distinguishing whether the violation involves representing public or private interests, or whether the representation is performed pro bono as part of a civil society organization’s mission, or by a professional lobbyist for a fee.

Expansion of the Sanction Regime

The draft bill of the Council of Ministers and the proposal submitted by Members of Parliament prior to the second reading of the bill (proposal adopted by the Committee on March 18, 2026) also provide for sanctions in cases of false information being entered. If the expanded sanctions regime is adopted—under which, in addition to failure to register, representatives are sanctioned for providing false information—it will create the problematic situation where the same violation could be subject to both criminal liability (in connection with the required declaration of truthfulness upon registration) and administrative liability. Furthermore, imposing a sanction for the submission of false information (which may be due to an error or other circumstance not intended to intentionally provide false information) increases the administrative burden and the repressive nature of this regulation. [22]

The law provides for the possibility of irregular entries being deleted ex officio. However, this provision remains unclear because it does not specify criteria for irregularity or a process for determining irregularity. Furthermore, it remains unclear, in cases of incorrectly submitted information or the deletion of data by the administration, what the legal nature of these actions is, under what procedure individuals may appeal them, within what timeframes, and so on.

Nevertheless, it is a positive step to propose that, before sanctions are imposed, representatives of interests who have breached their administrative obligations be given the opportunity to rectify them. In this way, the sanctions provided for will not be an end in themselves, but will contribute to achieving the primary objective of the Bill—transparency. Such an approach is not unprecedented in Bulgarian legislation; an example of its successful application is the Anti-Money Laundering Act.

Tension between the conditions for creating greater transparency at the expense of civil rights

Influencing the decision-making process is part of civic participation in a free and democratic society. Regulating it can contribute to equality of participation insofar as everyone will have the opportunity to more easily learn who decision-makers are speaking with and what the motives are for supporting specific regulatory decisions proposed by citizens or organizations. From this perspective, the regulation of lobbying activities in the form of a Law on Transparency and Integrity in Governance is legitimate. However, this regulation is also extremely vulnerable to intended or unintended negative consequences for the exercise of civil rights. Inappropriately naming the proposed registry as a “lobbyist registry” could effectively turn it into a “blacklist” serving smear campaigns. Inappropriate exemptions and overly burdensome administrative requirements for interest representatives subject to registration could lead to restrictions on advocacy in the public interest at the expense of lobbying activities protecting private or economic interests. For this reason, this draft law should be examined in detail, and the lengthy process of drafting it is evidence of the sensitivity and complexity of the matter it aims to regulate. 

If you would like to learn more about legislative decisions regarding interest representation in Europe, see the comparative legal analysis prepared by the BCNL, available here.

[1] In January 2026, a draft law on transparency and integrity in governance (the Draft Law) was put out for public consultation; in the meantime, it had also been submitted to the National Assembly by a group of MPs from GERB-SDS. The proposed draft law essentially regulates lobbying activities. On March 11, 2026, the Bill was passed on first reading, and on March 13, 2026, the Council of Ministers submitted to the National Assembly a Bill on the Representation of Interests before Public Authorities, which is the same bill but with changes incorporated in accordance with the comments received during the public consultation that concluded on March 2, 2026.

[2] Title according to the latest version voted on during the second reading in the Committee on Constitutional and Legal Affairs as of March 18, 2026.

[3] Bulgaria is in the active phase of technical reviews. The country is expected to conclude negotiations and become a full member by the end of 2026 or in 2027. An important condition for membership is the fight against corruption and the implementation of good practices regarding transparency and influence on the decision-making process.  According to the explanatory memorandum of the bill submitted by the Council of Ministers, it is “in fulfillment of the commitment made during the process of accession to the OECD to ensure compliance of national legislation with the Council Recommendation on Principles of Transparency and Integrity in Lobbying (OECD/LEGAL/0379)”

[4] It provides for the adoption of a certain number of laws and legislative measures that are prerequisites for reforms and the receipt of the corresponding payments.  The adoption of regulations on lobbying activities is  set forth as the measure “Entry into force of legislative measures to regulate lobbying activities” (Q4/2023), under the “Fair Bulgaria” pillar, “Business Environment” component, of the National Recovery and Resilience Plan (approved by Decision No. 203 of the Council of Ministers in 2022), https://nextgeneration.bg/14

[5] The discussion was conducted by the Ministry of Justice while Atanas Slavov was Minister. Regarding the public consultation held – https://www.strategy.bg/bg/public-consultations/8395

[6] p. 11, https://www.strategy.bg/bg/public-consultations/8395

[7] A consultative body to the Council of Ministers with 14 NPOs members and a chair a selected deputy prime minister

[8] https://www.strategy.bg/bg/public-consultations/12130

[9] https://commission.europa.eu/publications/2024-rule-law-report-communication-and-country-chapters_en

[10] Regarding the conference “Regulation of Lobbying and Civil Society Organizations” –  https://bcnl.org/trainings/regulacziya-na-lobistkata-dejnost-i-grazhdanskite-organizaczii

[11] See also “Perspectives on Lobbying Regulation in Bulgaria:  Sociological Study 2024,” https://bili-bg.org/cdir/bili-bg.org/files/2024_Lobbying_Sociological_research.pdf

[12] https://transparency-register.europa.eu/index_bg

[13] Art. 2

[14] The concept is quite broad; in the draft bill submitted by the Council of Ministers, an attempt was made to clarify that the law does not cover communication with the persons (bodies) specified in the law carried out through an “official communication channel.” According to the definition proposed by the Council of Ministers: “Official communication channel” means an email address, telephone number, or other means of communication listed on the website of the authorities under Article 5, as well as the sending of a letter to the address of the authorities, where correspondence received in this manner is registered by the authority in a traceable register of incoming documents.

[15] https://www.oecd.org/en/publications/lobbying-in-the-21st-century_c6d8eff8-en/full-report/component-4.html#introduction-d5e5172

[16] https://www.parliament.bg/bg/bills/ID/166888

[17] A similar legislative solution exists in Germany

[18] Examples include the Bulgarian Medical Association, the Supreme Bar Council, and others established expressly by legislative act

[19] In the Council of Ministers’ draft bill, this exception has a narrow scope precisely to prevent circumvention of the law and states: registered associations of workers and employees and registered employer organizations, when interacting with the authorities under Article 5 in accordance with the procedure provided for in a legislative act; However, this text was not proposed as an amendment prior to the second reading of the bill.

[20] Pursuant to Article 24 of the Bar Act

[21] In connection with which criminal liability may be incurred under Article 313 of the Criminal Code

The segment “Legal Sense” is implemented within the framework of the project “Stronger Together: Engaging Other Sectors in CSO Initiatives”.