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Petak - Vidacak - Dvorny - Interest Groups in Croatia - Institutional Development, Strategies, and Influence PDF
Petak - Vidacak - Dvorny - Interest Groups in Croatia - Institutional Development, Strategies, and Influence PDF
Petak - Vidacak - Dvorny - Interest Groups in Croatia - Institutional Development, Strategies, and Influence PDF
1718
1 | I N T RO D U CT I O N article in this volume (section 5.5 and Box 3). Fifteen interviews
included respondents divided into four groups: business leaders;
In June 2016, an estimated 50,000 Croatians gathered in the main officials from trade unions and NGOs; senior civil servants; and
square of Zagreb, the capital, as well as other towns across the coun- elected and politically appointed officials (ministers and deputy
try. The purpose was to advocate for continuation of long‐needed ministers). The survey identifies a number of patterns or themes
education reforms and to oppose attempts by a staunchly right wing that, when combined with the secondary sources, enable us to
group in government to impose its perspective in teaching materials provide an overview of the various aspect of interest group activity
on controversial social issues, such as gender identity, and sexual in Croatia.
minority rights, among others. The last time Croatians had taken to This article examines Croatia's developing interest group
the streets in such numbers was way back in 1996 to protest the system and its contemporary characteristics. It traces the evolution
government's attempt to shut down the country's last independent of the group system as it moved from a traditional to a more
radio station, Radio 101. institutionalized system. The article also looks at how various
The 2016 protests brought together several diverse segments aspects of group activity relate to its developing democracy. First,
of society: Over 300 groups including civil society organizations, we briefly review the development of interests and interest groups
trade unions, sports clubs, and local parents' organizations united in Croatia.
under the slogan “Croatia can do better!” These protests increased
discussion about the role and influence of interest groups in
policymaking, as well as on the factors shaping political advocacy 2 | C R O A T I A 'S P O L I T I C A L D E V E L O P M E N T
behaviour. A N D TH E EV O LU T I O N OF I NT E RE S T G R O U P
Yet, the role of interest groups in Croatia's political process has ACTIVITY
not attracted significant attention of social scientists, and there is no
comprehensive treatment of group activity. There are, however, Because much of Croatia's political development has been under
several studies on the impact of different types of stakeholders on authoritarian regimes, until the recent move to pluralism, the activities
policymaking and some studies examining connections between of interest groups have been largely constrained. The most significant
political parties and interest groups, referred to later in this article. periods in their development have been the experience under the
Besides consulting various secondary sources for this article, a Socialist Federal Republic of Yugoslavia (SFRY) and after its dissolution
survey was used to acquire original data. The data was gathered and the transition to democracy. However, the growth and operation
from a set of interviews conducted in spring 2016 based upon a of interest groups can be traced long before the establishment of
more or less common set of questions as set out in the introductory the SRFY.
J Public Affairs. 2019;e1718. wileyonlinelibrary.com/journal/pa © 2019 John Wiley & Sons, Ltd. 1 of 12
https://doi.org/10.1002/pa.1718
2 of 12 PETAK ET AL.
2.1 | Developments down to the establishment of 2.3 | The Croatian War of Independence,
the SFRY 1991–1995
As a former part of the Austro‐Hungarian monarchy, Croatia has a After the demise of the SFRY, however, the development of interest
tradition of both formal and informal citizen engagement. In the groups were stymied by the Croatian War of 1991–1995, known as
second half of the 19th century, the development of civil society the Homeland War. The war resulted from Serbia's attempt to maintain
was strongly influenced by the Catholic Church, industrialization and a version of the SFRY, including Croatia, to establish a Serb republic. As
modernization, which led to numerous social, cultural, and educational Croatia strongly favoured independence a war ensued pitting the
civic initiatives. Bežovan (2004) identifies 241 educational and forces loyal to the Croatian government against the Serb‐controlled
scholarship foundations active in 1913. Yugoslav People's Army (JNA).
A study of economic policy during the Kingdom of Yugoslavia The conflict involved war crimes and human rights violations, of
(1918–1929) by Fogelquist (2011), mentions business, trade, and which many cases are remaining unresolved. These issues have
other interest groups, as well as business associations. Regarding the undermined Croat–Serb relations and divided civil society groups
activities of trade unions, he identifies significant limitations and and public opinion. After the United Nations Protection Force (UNPF)
strong state control of their operations. After the establishment of was deployed, the fighting became intermittent. Eventually, Croatia
the dictatorship in 1929, the role of business interest groups is unclear was victorious and become fully independent in 1995.
because of lack of research, but trade unions and related associations As we will see, the war had a major influence on interest group
were forbidden. development and operations.
groups, mostly connected with the ruling party, demanded higher representatives from trade unions, employers' associations, and gov-
benefits, including veteran pensions. The number of those receiving ernment, the government established more than 100 cross‐sector
pensions and the amount paid to them increased substantially during advisory bodies (committees, councils, standing working groups, and
the 10 years after the war. so on) involving over than 800 representatives of various organized
In the 1990s, the development and operation of interest groups interests. Among the most active of these is the Council for Civil Soci-
was very much influenced from abroad. This influence had both posi- ety Development, established in 2002. It operates as a government
tive and negative effects. On the positive side, various organizations, advisory body composed of representatives from various ministries
such as NGOs, trade unions, and employers' associations, enjoyed and government agencies, as well as representatives of NGOs (chosen
substantial support from the European Union (EU), the United States by the NGOs themselves) from diverse fields of activity.
Agency for international Development (USAID), the agencies of the In addition, parliamentary working committees include more
United Nations (UN), and a number of other international public and than 100 representatives of interest groups. They are selected
private donors. On the negative side, some authors argue that external through a request to the public of those interested in being
supporters unintentionally contributed to weakening the role of involved. These representatives serve as permanent committee
domestic civil society groups (Dvornik, 2009; Stubbs, 2006). Others members and enjoy regular access to decision‐makers in parliament.
draw attention to the development of parallel structures of interna- Several of those we interviewed pointed out the excessive
tional civil society organizations and similar domestic organizations standardization and regulation that had long negatively impacted the
established during the initial phase of massive international humanitar- formation of interest groups. The action that raised awareness of this
ian and financial assistance during the 1990s. These international situation was a motion for review of the constitutionality of the Act of
NGOs often bypassed local public institutional networks. Associations. It was the first time that the highest court in the country
In summary, during the 1990s, although some progress towards issued an opinion that positively affirmed freedom of association. In
interest group pluralism was made, the institutional channels of 2013, another court decision struck down provisions implemented
interest representation and intermediation were substantially by the Ministry of Science, Education, and Sports that prevented dia-
constrained, in some cases purposely undermined. The dominant logue on proposed laws that directly affected particular interest
way of conducting interest group activity was through informal groups.
avenues at both the central and local levels of decision‐making, The case of Croatia's group development and institutionalization
along with numerous power groups closely connected with the also shows the importance of regulating the funding of interest
ruling party. groups. In the last decade, the introduction of a regulatory frame-
work for standards of public funding for NGO programs and projects
has enhanced transparency. This has helped to undermine the wide-
2.4.2 | Since 2000 spread practice of clientelistic funding as a way of buying political
In 2000, the ruling coalition of parties changed the Constitution support.
transforming Croatia from a semi‐presidential to a parliamentary sys-
tem. This led to the increased influence of the executive and the prime
minister. The reforms were a positive development in two ways: they 3 | T H E C O N T E M P O R A R Y CR O A T I A N
gave an impetus to relations with the EU, and helped to establish a INTEREST GROUP ENVIRONMENT
number of new ways to facilitate dialogue between government and
interest groups in national policymaking. As shaped by Croatia's political development, six aspects of the con-
Croatia's desire to join the EU is an important explanatory factor temporary group environment are especially important: (a) the politi-
of the development of the institutional framework for interest repre- cal and governmental structure; (b) the persistence of informal
sentation and the actions of interest groups after 2000. This included lobbying; (c) the attitude to interest groups; (d) the political aftermath
the impact of EU pre‐accession funds, which resulted in increased of war; (e) international influences; and (f) the legal framework of
transparency of interest group activity, and substantial support of lobbying.
the development and professionalization of a range of interest groups,
especially many NGOs.
The EU's influence in promoting transparency of group involve-
3.1 | Institutional structures and procedures
ment in policymaking, included a Code of Practice on Consultation Four aspects of the institutional structure shape the patterns of access
with the Interested Public in the Procedures of Adopting Laws, as well and involvement of interest groups in the policy process: government
as establishing Regulatory Impact Assessments tools in governmental bias; the dominance of executive; procedural rules; and formal consul-
decision‐making. After joining the EU in 2013, the Croatian govern- tative bodies.
ment increased the level of transparency, the process of shaping and First, in the contemporary Croatian political system policymakers
adopting public policy, as well as increased access to public sector are generally not responsive to most interest groups. Instead, the
information. government often favors certain political elites (Cerami & Stubbs,
Action by the national government also increased the access of 2011, p. 15). This has been the case since the early 1990s where
interest groups to the policy process. In addition to the Economic particular elites have benefited from the gradual development of a
and Social Committee (ESC), as a tripartite dialogue involving state‐influenced market economy (Cerami & Stubbs, 2011) based on
4 of 12 PETAK ET AL.
selective governmental policy intervention. For the most part, key of some of the most influential groups. Among these are the Croatian
policymakers are not attuned to information and argumentation Employers' Association, the Coordination of Croatian Trade Unions,
regarding the concerns of their constituents and of major interest and Platforma 112 (a coalition of watchdog NGOs monitoring protec-
groups, including both business and those in the social sector. tion of human rights and democratization). At the same time, these
Second, the constitutional reforms of the early 2000s mean that groups are increasingly engaging in formal, transparent lobbying,
the executive remains the predominant force in government and the mostly by publicizing their opinions on draft laws, regulations, and
sponsor of laws adopted by parliament. There are, however, an other acts through the central e‐consultations platform.
increasing number of cases where amendments to laws are adopted
based on proposals from other authorized sponsors of laws, namely,
parliamentary working bodies, political groups, and individual members 3.3 | Attitudes to interest groups and lobbying
of parliament.
There is a predominantly negative perception of lobbying among the
public at large, but also in the media. The public consider interest
3.1.1 | Rules of procedure
groups and lobbyists as primarily promoters of individual, private inter-
These rules include how policy proposals are introduced, how they are ests. In particular, many perceive business lobbyists unfavourably
amended, and how they become law. This determines the openness of based largely on the impression of its financial strength as a key instru-
access points available to interest groups and the political and admin- ment of buying political influence and business engaging in activities
istrative structural environment in which they operate. This, in large behind closed doors. On the other hand, a national survey on public
part, determines the extent to which they can influence policy. perception of NGOs conducted in 2012, showed that 60% of Croa-
Reforms that were part of the EU pre‐ and post‐accession process tians have positive attitudes of NGOs. More than 80% believe that
have generally contributed to a more formalized policymaking system. NGOs should have more influence on decision‐making, at both the
This was largely due to the enactment of several laws and other national and local levels (Franc et al., 2012).
actions by the Croatian government, including adoption of the Code Although some of our respondents stressed that conservative
of Public Consultations in Procedures of Adopting New Laws in right wing political groups tend to have more negative views, the lib-
2009 and amendments to the Law on Access to Information. Added eral, left wing perception tends to be more informed and accepting
to these developments was the central government's portal for of the role of interest groups and lobbyists. Furthermore, as a former
e‐consultations that became fully operational and compulsory for top government official put it, “there is a difference in perception of
use by all ministries and other national state bodies. lobbyists between citizens and political elites.” Political elites have a
As a result of these developments, there is now a more transpar- more extensive understanding of the role of lobbyists and interest
ent policymaking process, an increase in access points for interest groups and their advantages. For instance, public officials use certain
groups, as well as empowerment of those domestic interest groups interest groups as a bellwether of public attitudes and concerns.
involved in European advocacy (Vidačak & Škrabalo, 2014). Regarding the media, research by Sinčić Ćorić and Vuković (2012)
Fourth, Croatia's interest representation system still largely relies shows that where lobbying is mentioned in a story, whether the term
on some classic formalized corporatist structures and official interest is the main subject of the story or used incidentally, its use is predom-
group consultation mechanisms with groups working closely with inantly negative. This attitude of the media is a major factor in shaping
policymakers. This aspect of the policy process involves a long‐standing the negative public attitude to interest groups and lobbying because
group of participants, essentially “insiders” called upon for their exper- the media is the public's major source of information on political advo-
tise and their wide representation of particular sectors of society. cacy activities. As in virtually all democracies, the media report mainly
The two major bodies are the Economic and Social Council and on scandal and other untoward activities by interest group and virtu-
the Council for Civil Society Development. In theory, these are key ally never their positive involvement in the policy process.
central government cross‐sector consultative bodies for development
of social and civil dialogue. They are, however, largely dysfunctional
and do not provide an avenue for the interest groups involved to exert
3.4 | The political aftermath of war
substantial influence on policymaking. Faced with this, many interest
groups increasingly use other ways to get the attention of Even more than 20 years after the Homeland War, a range of war‐
policymakers. veterans groups play a prominent and influential role in policy making.
These often have privileged access to key decision‐makers, especially
right wing party politicians. This clientelistic relationship is built
3.2 | The persistence of informal lobbying around these groups defending a wide range of financial and nonfi-
Despite the growing number of institutionalized channels of access nancial benefits, often through aggressive, negative pressure strate-
and influence, various informal aspects of lobbying continued to be gies and tactics.
used. Analysis of responses from our interviews confirms the continu- At the same time, several human rights watchdog NGOs continue
ing significance of personal contacts and behind the scene activities, to deal with war victims, war crimes, and fact‐finding about other
including those of many power groups. war‐related human rights violations in Croatia and across the former
For many groups and interests, informal lobbying remains the SFRY. The interpretation of the nature of war crimes, and related
dominant form of political operations. This is evident in the activities breaches of human rights, has become a source of polarization of a
PETAK ET AL. 5 of 12
number of interest groups in Croatia, as well as in other countries voluntarily instituted self‐regulation and put in place a code of
affected by the war. lobbying ethics (McGrath, 2009: xiv; Bitonti & Harris, 2017, p. 11).
However, this code of ethics is not well‐known among the public,
and no lobbyist can be prevented from continuing to lobbying if they
3.5 | The role of international and external interests violate the code. Thus, in the absence of legal regulations—most
importantly to require lobbyist and group registration, financial
As we noted earlier, international and other external forces have had
disclosure, and contact with public officials—much lobbying remains
both positive and negative effects on Croatia's interest group system.
far from public view. As a result, the public suspicion of lobbying
This situation remains evident today. On the one hand, initiatives by
continues to be widespread.
external forces have established a positive environment for interest
groups. On the other, this international presence has distorted the
make up and operation of the domestic interest group community.
4 | T H E R A N G E O F I N T E R E S TS A N D
One of our respondents from the business sector stated that the con-
I N T E R E S T G R O U P S A N D TH E I R S TR A T E G I E S
temporary system of interest groups in Croatia is more a product of
A N D TA C T I C S
external factors, such as the accession to the EU, North Atlantic Treaty
Organization (NATO), and other international associations, than the
The range of groups in the Croatian lobbying community and the strat-
result of internal, organic democratic development.
egies and tactics they use are more or less similar to those of devel-
Regarding the involvement of domestic interests in international
oped democracies with some exceptions. As we have seen, the
advocacy, Croatia's joining the EU has had a major impact on the
major difference in the range of groups is the continuing existence
strategies of the most important interest groups. These have had to
of a wide range of informal interests and power groups and a signifi-
adjust their political focus to the challenges of the EU's multilevel
cant presence of the international community. In most cases, there is
decision‐making arena. Realizing this, major interest groups began to
less need for employing sophisticated strategies and tactics. Further-
lobby EU institutions and open offices in Brussels. At the same time,
more, there is often a low‐level of skill in applying the tactics that
Europeanization has been used by these groups to strengthen their
are used; this is particularly the case with many NGOs and social issue
position and impact in domestic policy arenas.
groups.
3.6 | The legal framework of lobbying 4.1 | An overview of the range of organized interests
Although there are laws and regulations to prevent the abuse of Since the 1990s, there has been a steady increase in the pluralization
power by public officials and others involved in the policy process, of the group system. According to data from June 2016, there were
including interest groups and lobbyists, there is no specific regula- more than 53,000 registered NGOs. These are by far the most numer-
tion of lobbying activities. There is a Law on Conflict of Interest ous types of organized interests. In addition, there are 650 individual
Prevention and a 1‐year waiting period regarding the so‐called trade unions and 26 trade union associations; 63 industry and service
“revolving door” preventing top public officials from specific employers' associations, plus three cross‐sector employers'
being employed in lobbying directly related to their former area associations; 2,386 cooperatives (mostly agriculture, tourism, fisheries,
of policy activity or other government responsibility. There are also among others); over 600 not‐for‐profit institutes (private homes for
provisions in criminal law against trading in influence and related elderly, kindergartens, for example); 210 foundations (cultural, scien-
abuse of office. tific, educational, religious, humanitarian, health protection, etc.); 14
Some of those interviewed for this project pointed out that, in the endowment funds; and 52 religious communities, which includes
absence of lobby regulation and without transparent criteria applying 2,038 legal entities of the Catholic Church and 429 organizational
to the few firms and individual that engage in lobbying, there is no components of the Orthodox Church.
public information on the fees they charge or evidence of complying Not all of these engage in political advocacy, but could do so if
with basic professional standards or rules. In addition, one of our they chose. This list of formal registered organizations, however, is
interviewees stressed that “top government officials still do not have only a part of the number of groups involved in political advocacy.
to publish lists of meetings with those who are not part of the There are many informal interests and lobbying entities, particularly
government, including interest groups.” A provision regarding this government and public bodies, that are not part of the official statis-
would contribute to increasing public trust in institutions and improve tics. Table 1 provides a more complete picture of the range of inter-
transparency of lobbying. ests and interest groups operating in contemporary Croatia. It is
There is, however, support for enacting lobby laws and other adapted from a framework developed by Oliveira and Thomas (2014,
regulations concerning interest groups. This includes many lobbyists, pp. 225–226). The table includes a wide range of interests from tradi-
particularly those who are members of the Croatian Lobbyist tional groups and interests, such as business and trade unions, to
Association (CLA) established in 2008 and now has more than 100 newly formed interests, to political advocacy by government, to the
members. The CLA is seeking support from the government for adop- activities of an emerging lobby corps. It also shows that Croatian inter-
tion of a law regulating lobbying (Vlahović & Jelić, 2015). In the mean- est groups use various tactics to promote their causes with
time, like many lobbyists across the members of the EU, the CLA has government.
6 of 12 PETAK ET AL.
Main characteristics of interest and interest group activities Their major strategies and tactics
1. Political elites and traditional power groups.
Among these are powerful entrepreneurs and leading executive managers Personal meetings and phone communication with top state officials.
from big business, which include the largest corporations. These Facilitating contacts of friends and close associates in dealing with all
business elites can be divided into four major groups: levels of government.
1. Key business people from the socialist period who preserved and Informal networking.
expanded their business endeavours after privatization in the 1990s
Providing direct and/or indirect financing for campaigns and/or citizen
and early 2000s.
initiatives.
2. Tycoons: the owners of small businesses from socialist days (often
working as craftsmen during that time) who became part of the big
business elite by participation in the privatization process.
3. Senior managers of large foreign‐owned corporations and banks.
4. Politically appointed directors of public companies.
In addition to business elites this group includes senior officials in the
Catholic Church, who can exert considerable influence on key policies of
importance to them.
(Continues)
PETAK ET AL. 7 of 12
TABLE 1 (Continued)
Main characteristics of interest and interest group activities Their major strategies and tactics
7. Lobbying and social issue groups.
This category includes a broad range of interest groups that can be Bringing legal cases before the Constitutional Court, to strike down
divided into liberal and conservative interests. particular laws.
Liberal groups include NGOs, which differ according to their value Mass lobbying techniques—sending mass e‐mails, letters, etc.
orientation. These range from those involved in environmental protection, Building coalitions and alliances.
human rights, gender, and sexual equality, among other social issues.
Launching referenda campaigns.
The more conservative groups and organizations include those promoting
Using the central e‐consultations platform to lobby for amendments to
family values, such as traditional access to sex education; various
policy proposals.
veterans' groups; and interest groups connected to the Catholic Church.
TV video spots and billboard ads.
Taking part in working groups for drafting laws, and involvement in
formal dialogue with government bodies.
High‐visibility events, including protests and demonstrations, with
increasing use of social media to mobilize citizens for such events.
Source: Developed by the authors based on a classification by Oliveira Gozetto and Thomas (2014, pp. 225–226).
4.2 | Strategies and tactics exploitation in the Adriatic. In the past few years, new coalition
building strategies have been developed among groups that have
Table 1 also shows the strategies and tactics used by major interests
never been traditional allies but share the same values. An example
and interest groups. Some additional comments will be useful,
of such a “transversal alliances” (Gueguen, 2007, p. 128) is the “We
however.
Are Not Giving Away Our Highways.” It put together a coalition of
Our interviews conducted with top officials and interest group
trade unions, NGOs, and civic initiatives and sought a referendum
leaders viewed the choice of strategies and tactics as determined by
against highway privatization.
various constraints. These included time available, room for manoeu-
Regarding the lobbying activities of state agencies, they are very
vre, credibility of lobbyists, as well as available human and financial
effective, due to specific government‐dominated institutions that
resources. They also noted that strategies and tactics are increasingly
often reduces parliament to a mere “voting machinery.” In addition
proactive and utilize several channels of influence.
to seeking allies within the government, state agencies often pursue
Our interviewees also identified some lobbying tactic used by
allies among supportive interest (client) groups to push forward certain
traditional power players. A significant one is “parachuting friends” at
policy initiatives.
all levels (including top positions) into key ministries to ensure continual
Finally, in recent years, judicial lobbying has become a very
and open channels of influence on policy decisions of interest to these
important lobbying tool, especially in the form of legal cases against
power players.
certain government acts brought to the Constitutional Court by
A representative of the largest business association stressed the
certain interest groups. This has resulted in annulment of several laws
need to combine lobbying tactics and “also regularly focus on middle
that had produced intense substantial ideological conflicts and public
and low‐level civil servants in charge of policy dossiers in various
debates.
government bodies.” On the other hand, an interviewee from a major
trade union explained that he “always had the mobile phone numbers
of the prime minister and other top government officials and could 4.3 | The Croatia lobbying community
talk directly to them”. In general, the perception of interviewees
Among Balkan countries, and together with Slovenia, Croatia has the
confirms that lobbying through direct communication with top officials
closest equivalent to a public affairs profession as it exists in the
is still predominant, especially among traditional power players.
advanced democracies in Western Europe. Most of those engaged in
political advocacy for major organizations, such as business, labour,
4.2.1 | Indirect and outsider strategies and tactics and professional groups, are in‐house lobbyists. They are employees
Business representatives interviewed perceive NGOs (especially in the of their organization who spend part or all of their time representing
field of environment and human rights) as most skilful in outside their organization to government. By contrast, as noted in Table 1
lobbying, due to their close relations with the media and solid (section 8), the for‐hire or contract lobbying community is small.
credibility with the public. Among recent examples of effective NGO Furthermore, there is a low‐level of professionalism among contract
outside/grass roots lobbying strategies are the campaigns against oil lobbyists. Why does the for‐hire lobbying community exhibit these
8 of 12 PETAK ET AL.
two characteristics? There are four major reasons some of which were 5.1.1 | Business
identified in our interviews. Business and some trade associations are seen as the most influential.
First, the predominantly negative perception of lobbying Within this category, most interviewees singled out key businessmen,
hinders furthering professionalism and regulation of lobbying, the owners and managers of the largest corporations, including the
despite the efforts of the CLA. Second, the dynamics of public media, as dominant power players. Some respondents saw foreign
participation in decision‐making, and overall relations between business interests as most effective. Among the most influential asso-
interest groups and public authorities, are still in an early, ciations are the chambers of commerce, employers' associations, the
transitional stage of development and institutionalization. This may Croatian Banking Association, the American Chamber of Commerce
partly explain a low demand for the services of professional (AmCham), and the Foreign Investors Council.
lobbyists. Third, the value of contract lobbyists is still not fully In identifying the effectiveness of business and trade associations,
understood even among large companies, most of them still prefer and in line with their strategies and tactics, many of our respondents
to rely on umbrella business associations or in‐house lobbyists. stressed unofficial methods and channels of influence more so than
Finally, only a few public relations agencies and law firms, that formal approaches. This applies especially to the umbrella organization
provide professional lobbying as part of their services, advertise of employers, the Croatian Employers' Association. Several
these lobbying services. This is an indication of the widespread respondents emphasized the enormous influence of the “secret side”
stigma attached to the lobbying profession. of the business sector. In part, based upon a tactic identified earlier
that of parachuting their group members and supporters into key
government positions. Furthermore, some of our respondents from
5 | I N T ER E S T A N D I NT E RE S T G R O U P trade unions consider “hidden employers” as the most influential
INFLUENCE interest group in Croatia. In essence, this is a significant power group,
the members of which often act independently of the Croatian
There is no comprehensive systematic research on the influence of Employers' Association.
interest groups in Croatia: neither on the influence of individual
groups and interests, nor of the group system overall. In particular,
there is no comprehensive study on what in most countries is the 5.1.2 | Religious interests, particularly the Catholic
interest with the most influence—the business community. Neverthe- Church
less, there are some sources that provide an indication of group influ- The second placed interest, religious communities and particularly the
ence. The two sources we use are our interviews and our own Catholic Church, is evidence of their widespread trust and support.
research on legislation. Then, we offer additional observations on This is not lost on politicians of all parties, those in the legislature
the influence of the international community. and the executive branch. An example of its political influence is its
recent support for several initiatives to promote traditional family
values. One was to write into law the sanctity of traditional marriage.
To promote this, the Church supported the “On Behalf of the Family,”
5.1 | The findings from the interviews
a conservative organization that gathered over 700,000 signatures for
Figure 1 provides a compilation of the opinions of those we a referendum. The referendum passed overwhelmingly in 2013 by a
interviewed regarding the most influential Croatia‐based interests. two‐thirds majority.
We supplement the table with some comments from those interviews. Despite some successes, the Church has been unable to repeal
legal abortion, enacted in 1979, the provisions allowing work on Sun-
days, and a law preventing discrimination against sexual identity,
expression, or orientation. This is evidence that even the most influen-
tial interests do not always win politically.
proven able to prevent the passage of laws that would endanger TABLE 2 Number of accepted amendments from interests and
their interests. interest groups to draft legal and policy proposals during e‐consulta-
tions in 2015 and 2016 (listed in order of number accepted in 2015)
Although trade unions are ranked at fifth, they have been losing Type of interest or interest group 2015 2016
influence since the 1990s. This is confirmed by academic studies Nongovernmental organizations—NGOs 165 91
and, in large part, is due to declining membership, which fell Private companies 163 139
dramatically from close to 90% in 1990 to 55% in 1999 and continues Institutes 58 25
to decline (Bagić, 2010; Kokanović, 1999). Besides, the lack of Chambers of commerce 51 46
coordination and coherence in action among the main national trade Local and regional government bodies 42 28
union associations further contributes to the weakening of their political Academic community 10 3
influence. State bodies 10 24
As pointed out by a trade union leader, “even during the left Trade unions 10 2
coalition government of 2011‐2015, trade union influence on shaping Foundations 4 0
labour legislation was marginal.” Other interviewees felt that this Religious communities 1 4
lack of influence is partly due to some government officials being less Crafts 1 1
open to dialogue with some unions than to others. As a way of Political parties 1 0
strengthening their position in national policy arenas, unions increas- Other entities 9 1
ingly rely on partnerships with EU level associations (the European Source: Central Government E‐Consultations Platform, https://esavjetovanja.
Trade Union Confederation, among others) but also on ad hoc coali- gov.hr
a
tions with NGOs and citizen initiatives sharing similar values. The data for 2015 are from April 27 (the official launch of e‐consultations
platform) until December 31, 2015, whereas the data for 2016 is from
January 1 to August 20, 2016—approximately 8 months covered in each year.
institutionalization and competitiveness of the system and improved As indicated at various places in this article, for several reasons, the
access of interest groups to policymaking, there remains minimal record is mixed.
knowledge in society of lobbying strategies and tactics. This is in On the plus side, the increasing institutionalization of interest
contrast to a small number of organizations and advocacy groups able groups has influenced the development of democracy by providing
to use more sophisticated influence techniques. more formal and visible parts of the policy process. Groups, particu-
It is also evident that many dimensions of the institutional system larly advocacy NGOs, have also advanced democratization by increas-
are not working or functioning effectively. A good example is the tripar- ing government accountability. For example, in the early 2000s, the
tite social partnership, as indicated earlier. Several respondents to our Croatian Law Center, an NGO, initiated legislative initiatives to regu-
interviews evaluated it as a formal body that does not work. In addition, late party funding and election campaigns to increase transparency
despite the establishment of new ways of consulting the public in of those elected officials receiving funds and from whom (Bovens,
policymaking, including the e‐consultation platform, some analysis 2007). The government is also slowly coming around to consulting
point out that the major weakness still lies in the quality of government interests on various aspects of policymaking. The EU has also been
feedback to inputs from interest groups (Prkut, 2015, p. 12). This often instrumental in promoting transparency in government contact
reduces consultations to a “ticking off the boxes exercise” that discour- with interest groups. Because of these developments, Croatia is
ages participation of various advocacy groups in policy dialogue. much closer to becoming a consolidated democratic state than it
was immediately after independence.
6.2 |Differing views on the need and extent of On the negative side, perhaps the biggest problem is a combina-
lobbying regulation tion of the lack of knowledge and the negativism of the public
towards interest groups. This means that a group system with a
It is generally considered that increased transparency of policymaking,
wide range of groups that embraces a membership of all segments
as well as regulation of lobbying, can contribute to the modernization
of civil society has not developed to provide the representation
of the group system and a movement towards an integrated group
and group competition that underpins a healthy pluralist democracy.
system, and thus the advancement of democracy.
Much unofficial group activity takes place behind the scenes and
Interestingly, however, findings from our interviews revealed two
power groups and powerful individuals still carry a lot of sway in
competing views on the need for lobbying regulation. One
policymaking. In many cases, along with this informal activity goes
emphasized that legal regulation is not justified because the domestic
corruption. Despite some advances, government has been slow to
scene of organized interests and lobbying groups is at an early stage
embrace interest groups in the policy process. In any case, many
of development. So there are only a small number of self‐declared
interest groups lack the professionalism to be effective participants
professional lobbyists acting more as self‐image boosters without
in the policy process.
any real influence. In other words, the demand for services of
The upshot is that Croatia's bifurcated group system has made a
professional lobbyists is minimal. In that context, strict legal regulation
contribution to the advancement of majoritarian democracy. But until
would be like raising a roof without having a foundation and walls to
it becomes a more integrated group system, democracy will not
support it.
become fully consolidated.
Other respondents view regulation as key to raising public
awareness and enhancing recognition of lobbying as a legitimate
and essential aspect of policymaking. They see legal regulation as
7 | CO NC LUSIO N
contributing to the advancement of democracy.
Some attempts have been made. In 2012, a draft of a lobbying law
At the beginning of this article we made the statement that specific
was proposed by the Ministry of Justice. But it failed to get support
features of institutional design and structure affect the advocacy
from key stakeholders, mostly due to disagreement over the types of
behaviour and lobbying strategies of both informal and organized
interests that should be required to register. Then, in April 2015, the
interests. Here, we sum up our findings.
CLA presented their own draft to parliament. This included compul-
Looking at the big picture, since independence, there has been a
sory registration of all interest groups working to influence state
predominant trend in the pluralization and institutionalization of
authorities; an online registry open to the public; and an accreditation
organized interests and an increase in access points for their
system for all lobbyists and sanctions imposed on those who do not
involvement in the public policymaking process. At the same time,
register.
the state continues to be the major political force in most areas and
In the light of the government's lack of success to regulate
phases of policy formulation and implementation.
lobbying but the CLA's interest in doing so, one solution might be a
The predominant strength of the executive branch, and the very
law combining both proposals. This could overcome the opposition
centralized government structure, force groups to adjust to fit the
of some policymakers and stakeholders.
institutional context within which they work. They must carefully
consider the various venues in which they argue their positions,
6.3 | Interest groups, policymaking, and
particularly the central government units or ministries they target.
democratization
The active role of the state is seen in the reliance on institutional-
Bringing all this together, we make the following observations about ized corporatist structures with formal interest group consultation
the extent to which interest groups are able to promote democracy. mechanisms. This leads the groups involved to work closely with
PETAK ET AL. 11 of 12
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