Full text: Legal Study

an exemplification.23 In particular, officials shall not give “preferential treatment on any 
grounds whatsoever.” Decisions influenced by lobbying could therefore conflict with those 
standards. It is therefore safe to assume that transparency concerning lobbying activities 
would contribute to an “open, efficient and independent European administration.”  
Article 298 TFEU was introduced in the TFEU to have a legal basis for the regulation of 
general EU administrative law and therefore to regulate the administration.24 It needs to be 
determined whether this provision could also be used to regulate the activities of others 
which might influence the administration. This requires an interpretation of the term 
“provisions to that end” in Article 298 (2) TFEU. The end mentioned is that the 
“institutions, bodies, offices and agencies of the Union” have “the support of an open, 
efficient and independent European administration”. The wording of the Article is not 
limited to rules addressing the administration only even though this would seem to be his 
primary focus. Yet, any provision which supports the establishment of an open and 
independent European administration can be based on Article 298 (2) TFEU. Regulating the 
behaviour of lobbyists which address entities and institution of the European administration 
as defined above could therefore be based on Article 298 (2) TFEU. This would, however, 
not apply to lobbying activities which target law-makers as they are engaged in legislation 
and not administration. In sum, it seems possible to base binding rules and the requirement 
to register for those lobbying activities which relate to European administration. However, 
as this would exclude the Members of the Parliament as they are not part of the 
administration in the meaning of Article 298 TFEU. Consequently, Article 298 (2) TFEU by 
itself would not be sufficient for a regulation which extends to all lobbying activities at the 
EU level.  
A regulation of this kind would be adopted in accordance with the ordinary legislative 
procedure as stipulated in Art. 298 (2) TFEU. The ordinary legislative procedure is specified 
in Article 294 TFEU. It requires a proposal from the European Commission and a decision 
of the European Parliament and the Council who act as joint legislators. In this context, the 
Council would generally decide by qualified majority voting (Art. 16 (3) TEU). It should be 
noted that the European Commission could be invited to consider a proposal of this kind on 
the basis of a European Citizen Initiative as stipulated in Article 11 (4) TEU and Article 24 
23 Article 8 - Impartiality and independence: “1. The official shall be impartial and independent. The official 
shall abstain from any arbitrary action adversely affecting members of the public, as well as from any 
preferential treatment on any grounds whatsoever. 2. The conduct of the official shall never be guided by 
personal, family or national interest or by political pressure. The official shall not take part in a decision in 
which he or she, or any close member of his or her family, has a financial interest.” 
Article 9 – Objectivity: “When taking decisions, the official shall take into consideration the relevant factors 
and give each of them its proper weight in the decision, whilst excluding any irrelevant element from 
consideration.”, see The European Code of Good Administrative Behaviour, available from 
24 Eva Nieto, Relevant Provisions of the Lisbon Treaty on EU Administrative Law, Note to the European 
Parliament, PE 432.744, 2010, p. 8 f..

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.