Miriam Cugat Mauri Iolanda M. Aguilar Juncosa

The inadequacy of the crime of peddling in influence for the repression of abuses in the practice of lobbying

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Abstract

In Spain, it is still pending the approval of a law regulating lobbying which clearly establishes the conditions for its legitimate exercise, which can bring so many benefits in terms of citizen participation and the provision of information to the public authorities, under respect for the necessary requirements of transparency, integrity and equality in access and communication with public officials. In the meantime, the offense of influence peddling will only be of limited use in the prosecution of excesses in the practice of lobbying, since in the Spanish Criminal Code it only covers cases of exercising influence with the prevalence of personal relationships specifically aimed at achieving economically beneficial resolutions, leaving aside many others in which there is no prior personal relationship, nor is the purpose of economic benefit, as may happen with NGOs.

Keywords

  • Lobbying
  • influence peddling
  • corruption

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