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3.4. TREATY REFORM
The analysis of the previous sections clearly showed that a sufficient legal basis for a binding
lobby-register can already be found in the existing primary law. However, for reasons of
clarity it might be useful to include an explicit legal basis in the treaties in the context of a
future treaty reform. For example, Article 298 TFEU could be amended to include a
paragraph 3 stating “The European Parliament and the Council acting by means of
regulations in accordance with the ordinary legislative procedure may establish a mandatory
register for lobbyists and binding standards for the activities of lobbyists.” Such a provision
could be implemented on the basis of the requirements for amending the treaties are laid
down in Article 48 TEU. Amendments are to be developed by a European Convention or
by an Intergovernmental conference. The reforms then need to be ratified by all Member
States in order to enter into force.
4. OPTIONS TO ENHANCE THE EFFECTIVENESS OF THE CURRENT
SY STEM
As shown in section 3, establishing a mandatory register would require the adoption of a
regulation through the ordinary legislative procedure or the special procedure mentioned in
Article 352 TFEU. In both cases, the European Commission would need to propose such a
regulation and the Council would have to approve of it (unanimously and only with the
consent of Parliament in Article 352 TFEU and acting on the basis of a qualified majority
vote as a co-legislator with Parliament in the ordinary legislative procedure). Given the
reluctance of the Council to adopt rules on transparency and the length of legislative
procedures in the EU, options to improve the current system and to aim at a de facto
binding character should be considered as possibilities in the short term.
In this context, it is worth pointing to the possibility of regulating the behavior of the staff
of the EU’s institutions through the Staff Regulations. The legal basis for staff regulations
can be found in Article 336 TFEU. It stipulates that Parliament and Council can enact Staff
Regulations of Officials of the European Union and the Conditions of Employment of other
servants of the Union based on the ordinary legislative procedure. There are no relevant
restrictions regarding the competences of the EU institutions concerning rules which only
apply to their own personnel when they interact with lobbyists. For example, rules requiring
Commission staff to only speak at events organised by registered organisations or to only
meet with lobbyists from registered organisations could be incorporated into the Staff
