The Public Readiness and Emergency Preparedness Act (PREPA), passed by the United States Congress and signed into law by President of the United States George W. Bush in December 2005 (as part of Pub. L. 109–148 (text) (PDF) ), is a controversial tort liability shield intended to protect pharmaceutical manufacturers from financial risk in the event of a declared public health emergency. The part of PREPA that actually affords such protection is now codified at 42 U.S.C. § 247d-6d . The act specifically affords to drug makers immunity from actions related to the manufacture, testing, development, distribution, administration and use of medical countermeasures against chemical, biological, radiological and nuclear agents of terrorism, epidemics, and pandemics. PREPA strengthens and consolidates the oversight of litigation against pharmaceutical companies under the purview of the secretary of Health and Human Services (HHS). PREPA provides $ 3.8 billion for pandemic influenza preparedness to protect public health in the case of a pandemic disease outbreak.
98-484: Vaccine manufacturers lobbied for the legislation, which would effectively preempt state vaccine safety laws in the case of an emergency declaration by HHS, by making clear they would not produce new vaccines unless the legislation was enacted. Injured parties are compensated by the Countermeasures Injury Compensation Program . During and in the aftermath of the 2020–21 COVID-19 pandemic in
196-503: A 1949 law, people who had public concessions had the right to keep them if there was no opposition from third parties. In 2009 this law is abolished under menace of legal procedure from the Eu for infraction of a 2006 directive, that established mandatory public procedures that were impartial and transparent. Anyhow, since then, governments continuously postponed any decision regarding modifying laws on public concessions for beach establishments. Under
294-525: A Regulation of interest representation. The Regulation expired in late 2017, when the term of the sitting Parliament expired. With the rising of the new parliamentary term in 2018, the Regulation was not being readopted. At the subnational level, only six regions have legislations about lobbying: Tuscany (2002), Molise (2004), Abruzzo (2010), Calabria (2016), Lombardy (2016) and Puglia (2017). These regional legislations have similar structure, but only Tuscany took
392-574: A ban on Airbnb in the country. The lack of competitive markets is one of the main reasons Italy has not experienced economic growth in recent years. However, pressure groups continue to defend their privileges, hindering economic liberalization . The International Monetary Fund study indicates that true liberalization could grow Italy's GDP in a few years, but lobbies seem to be able to prevent such changes. A 2016 study found evidence of significant indirect lobbying of then-Prime Minister Silvio Berlusconi through business proxies. The authors document
490-617: A complaint, also sometimes called a criminal complaint or felony complaint . Most criminal cases are prosecuted in the name of the governmental authority that promulgates criminal statutes and enforces the police power of the state with the goal of seeking criminal sanctions , such as the State (also sometimes called the People) or Crown (in Commonwealth realms ). In the United States, the complaint
588-411: A court, typically by parties to a lawsuit. Amici curiae briefs are briefs filed by people or groups who are not parties to a suit. These briefs are entered into the court records and give additional background on the matter being decided upon. Advocacy groups use these briefs both to share their expertise and to promote their positions. The lobbying industry is affected by the revolving door concept,
686-609: A distinct or expressly mentioned objective. The Romanian Lobby Registry Association (ARRL) was founded in June 2010 to popularize and promote lobbying activity. ARRL is a non-profit legal entity that works under private law. The majority of lobbying companies represent non-governmental organizations which activities include education, ecology, fundamental freedoms, health, consumer rights etc. Other entities that deal with lobby practice are multinational companies, Romanian companies, law firms and specialized lobby firms. In India , where there
784-400: A form from another state to fit his or her request. Several United States federal courts publish general guidelines for the petitioners and Civil Rights complaint forms. A complaint generally has the following structural elements: After the complaint has been filed with the court, it has to be properly served to the opposite parties, but usually petitioners are not allowed to serve
882-565: A fund for "timely, uniform, and adequate compensation" program for vaccine injuries , but no funding provisions for such purposes were included in its language. PREPA was designed specifically to encourage rapid production of vaccines to protect American citizens in case of a potential public health threat. However, the primary effects of the legislation hinge on liability protections for drug companies, under provisions intended to remove financial risk barriers for any new vaccines that need to be rushed to market in case of an emergency. Under PREPA,
980-531: A giveaway to the drug industry. Kennedy said the bill makes it "essentially impossible" for injured parties to sue for damages, and that the measure allows common diseases to be used as a reason to activate the liability shield. Kennedy also asserted that one of the drug companies that lobbied for PREPA is Sanofi Pasteur, which was under Food and Drug Administration (FDA) investigation for being connected to at least five cases of Guillain–Barré syndrome asserted to have been caused by its meningococcal vaccine. When
1078-522: A growing issue. The current situation in Italy regarding taxi services is regulated by Law No. 21 of 1992. According to this law, the responsibility for determining the number of taxi licenses, shifts, and fares is given to the municipalities. Taxi licenses are held by artisan business owners who have passed a driver's exam and are registered with the Chamber of Commerce. After holding a license for five years, reaching
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#17328759157471176-400: A movement of personnel between roles as legislators and regulators and roles in the industries affected by legislation and regulation, as the main asset for a lobbyist is contacts with and influence on government officials. This climate is attractive for ex-government officials. It can also mean substantial monetary rewards for lobbying firms , and government projects and contracts worth in
1274-426: A portion of their advertising budgets to Mediaset during Berlusconi's tenure. Despite higher prices for advertising space on Mediaset channels during Berlusconi's tenure, companies continued to advertise, suggesting that they expect significant political benefits from supporting the network. Mediaset's advertising partners are estimated to have paid about 1.9 billion euros more during Berlusconi's three terms, indicating
1372-789: A relatively lower number of taxis available compared to its population. In August 2019, the then Transport Councillor Marco Granelli acknowledged the need to increase the number of taxi licenses by 450 to meet the demand. Data showed that a significant percentage of calls for taxis were going unanswered during peak hours and weekends. However, the issue was put on hold due to the COVID-19 pandemic, and it remains uncertain when it will be addressed. Romanian legislation does not include an express regulation on lobbying activity. The legislative proposals initiated by various parliamentarians have not been finalized. Attempts to regulate lobbying in Romania have appeared in
1470-702: A report by The Guardian , which involved the name of a senior Czech MEP Tomáš Zdechovský . The controversy concerned the European Parliament's "friendship groups", the unofficial bodies operating with no formal regulations and sometimes under sponsored lobbyists and foreign governments. The European Parliament was preparing to vote on a resolution to call for a release of a Bahraini political prisoner Abdulhadi al-Khawaja . However, chair of European Parliament's Bahrain friendship group, Zdechovský came under questions for visiting Bahrain in April 2022, without declaring. In
1568-684: A resolution) has been launched by several MPs so as to establish a register for representatives of interest groups and lobbyists who intend to lobby the MPs. In Germany, lobbying has existed since 1956, when the Federal Constitutional Court issued a ruling legalizing it. A mandatory lobby register (German: Lobbyliste) was introduced in Germany effective 1 January 2022, along with a code of conduct. These rules were criticized as insufficient by several opposition party members and representatives from
1666-461: A separate resolution, Zdechovský's EPP failed to call for Khawaja's release and instead called him a "political opponent". Director of BIRD , Sayed Ahmed Alwadaei accused the Czech MEP of acting as a mouthpiece for Bahrain. Canada maintains a Registry of Lobbyists. Over 5,000 people now working as registered lobbyists at Canada's federal level. Lobbying began as an unregulated profession, but since
1764-460: A series of full page advertisements in various publications in opposition to PREPA. Because the legislation delegates broad legislative power to the executive branch of government, opponents view it as a violation of fundamental principles of the U.S. Constitution . In 2005, Senator Edward Kennedy issued a statement demanding repeal of the PREPA legislation, while condemning the liability provisions as
1862-481: A significant pro- Mediaset (the mass media company founded and controlled by Berlusconi) bias in the allocation of advertising spending during Berlusconi's political tenure, in particular for companies operating in more regulated sectors. Using advertising data from the Nielsen AdEx database, the behavior of companies buying advertising space on Mediaset television channels during Berlusconi's tenure as prime minister
1960-398: A small part of their normal job. Governments often define "lobbying" for legal purposes, and regulate organized group lobbying that has become influential. The ethics and morals involved with legally lobbying or influence peddling are controversial. Lobbying can, at times, be spoken of with contempt , when the implication is that people with inordinate socioeconomic power are corrupting
2058-523: A step forward to implement this legislation and create a public register. In Italy, over the years, lobbies and power groups have obstructed the liberalization of markets and favored the protection of existing privileges. Despite various attempts to promote competition, such as the Law for the Market and Competition passed a year ago, the process has been riddled with delays, amendments and compromises that have weakened
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#17328759157472156-663: A stronger ethics framework were established at the EU level, including an independent ethics body and longer cooling-off periods for MEPs. In the wake of the Jack Abramoff Indian lobbying scandal in Washington, D.C., and the massive impact this had on the lobbying scene in the United States, the rules for lobbying in the EU—which until now consisted of only a non-binding code of conduct—may also be tightened. Eventually, on 31 January 2019
2254-839: Is a result of the growing recognition of lobbying as a critical discipline at the intersection of politics, economics, and society. In 2003 there were around 15,000 lobbyists (consultants, lawyers, associations, corporations, NGOs etc.) in Brussels seeking to influence the EU's legislation. Some 2,600 special interest groups had a permanent office in Brussels. Their distribution was roughly as follows: European trade federations (32%), consultants (20%), companies (13%), NGOs (11%), national associations (10%), regional representations (6%), international organizations (5%) and think tanks (1%), (Lehmann, 2003, pp iii). In addition to this, lobby organisations sometimes hire former EU employees (a phenomenon known as
2352-535: Is also an industry known by many of the aforementioned names, and has a near complete overlap with the public affairs industry . Lobbyists may fall into different categories: amateur lobbyists, such as individual voters or voter blocs within an electoral district ; professional lobbyists who engage in lobbying as a business or profession; and government relations support staff who work on behalf of professional lobbyists but may not actively engage in direct influencing or face-to-face meetings with targeted individuals to
2450-415: Is at least 18 years old and not a party may serve a summons and complaint in a civil case. The defendant must submit an answer within 21 days after being served with the summons and complaint, or request a waiver , according to FRCP Rule 12. After the civil complaint has been served to the defendants, the plaintiff must, as soon as practicable initiate a conference between the parties to plan for
2548-579: Is director of Barton Deakin Government Relations. His colleagues there include David Alexander (former Costello staffer), Sallyanne Atkinson (former Lord Mayor of Brisbane and former federal Liberal Party candidate), Howard staffer John Griffin and former New South Wales Liberal Party leader, Peter Collins. The Labor "sister" company is Hawker Britton, so named as both firms are owned by STW Group. In 2013, Hawker Britton had 113 client companies on its books. In 2013, there were just under 280 firms on
2646-408: Is in power and that the mix of advertisers on Mediaset channels shifts toward regulated firms during his tenure. To assess the impact of Berlusconi's political influence, industries were ranked according to their regulatory score, obtained from a survey of Italian economists. Highly regulated industries, such as telecommunications, pharmaceuticals, and manufacturing, showed a greater tendency to allocate
2744-733: Is kept by the Australian Government and is accessible to the public via its website. Similar registers for State government lobbyists were introduced between 2007 and 2009 around Australia. Since April 2007 in Western Australia, only lobbyists listed on the state's register are allowed to contact a government representative for the purpose of lobbying. Similar rules have applied in Tasmania since 1 September 2009 and in South Australia and Victoria since 1 December 2009. A criticism of
2842-727: Is no law regulating the process, lobbying has traditionally been a tool for industry bodies like the National Association of Software and Service Companies , the Confederation of Indian Industry , the Federation of Indian Chambers of Commerce and Industry , the Associated Chambers of Commerce and Industry of India and other pressure groups to engage with the government ahead of the national budget and legislation in parliament . Lobbying activities have frequently been identified in
2940-479: Is often associated with misdemeanor criminal charges presented by the prosecutor without the grand jury process. In most U.S. jurisdictions, the charging instrument presented to and authorized by a grand jury is referred to as an indictment . Virtually every U.S. state has some forms available on the web for most common complaints for lawyers and self-representing litigants; if a petitioner cannot find an appropriate form in their state, they often can modify
3038-621: Is one for the European Union where French lobbyists are able to register themselves. For example, the internal rule of the National Assembly (art. 23 and 79) forbids members of Parliament to be linked with a particular interest . Also, there is no rule at all for consultation of interest groups by the Parliament and the Government. Nevertheless, a recent parliamentary initiative (motion for
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3136-620: Is represented by both ECG Consulting and Bespoke Approach, while its own parent company, Wesfarmers , has former West Australian premier Alan Carpenter in charge of corporate affairs. Competitor Woolworths has a government relations team composed of former Labor and Liberal advisers, under the direction of a former leader of the National Party, Andrew Hall. Aldi engages GRA (Government Relations Australia), one of Australia's largest lobbying firms, whose staff includes former Federal Labor treasurer, John Dawkins . A register of federal lobbyists
3234-562: The Australian National University noted that over this time, retired politicians have increasingly turned political lobbyists to leverage their networks and experience for private gain. In 2018 he noted that two of the top three Howard government ministers had become lobbyists: Alexander Downer and Peter Costello , and that the trend could be traced back to the Hawke Government of 1983. Mick Young stated that by 1983
3332-565: The BBC , an OED lexicographer has shown that "lobbying" finds its roots in the gathering of Members of Parliament and peers in the hallways ("lobbies") of the United Kingdom Houses of Parliament before and after parliamentary debates where members of the public can meet their representatives. One story held that the term originated at the Willard Hotel in Washington, D.C., where it
3430-462: The Council of Europe , who argued that they did not adequately address issues of transparency and potential conflicts of interest. Stricter rules are scheduled to come into effect on January 1, 2024. Italy does not have a lobbying legislation at national level nowadays, even though there have been proposals by lawmakers during the years. In 2016, the Chamber of deputies added an addendum that introduced
3528-486: The European Parliament adopted binding rules on lobby transparency. Amending its Rules of Procedure, the Parliament stipulated that MEPs involved in drafting and negotiating legislation must publish online their meetings with lobbyists. The amendment says that "rapporteurs, shadow rapporteurs or committee chairs shall, for each report, publish online all scheduled meetings with interest representatives falling under
3626-548: The Federal Food, Drug, and Cosmetic Act of 1938, specifically section 201(g) drugs and section 201(h) medical devices . The definitions of security countermeasure and biological product are related only internally. PREPA covers many kinds of loss, including Numerous consumer organizations vigorously opposed the legislation, including A-CHAMP , Eagle Forum , and Public Citizen , as well as first responder organizations representing nurses, firemen and veterans. A-CHAMP ran
3724-836: The Grant Administration , the OED cites numerous documented uses of the word well before Grant's presidency, including use in Pennsylvania as early as 1808. The term "lobbying" also appeared in print as early as 1820: Other letters from Washington affirm, that members of the Senate, when the compromise question was to be taken in the House, were not only "lobbying about the Representatives' Chamber" but also active in endeavoring to intimidate certain weak representatives by insulting threats to dissolve
3822-717: The Public Access to Court Electronic Records (PACER) system to obtain case and docket information from the United States district courts , United States courts of appeals , and United States bankruptcy courts . The system is managed by the Administrative Office of the United States Courts ; it allows lawyers and self-represented clients to obtain documents entered in the case much faster than regular mail. In addition to Federal Rules of Civil Procedure , many of
3920-666: The U.S. district courts have developed their own requirements included in Local Rules for filing with the Court. Local Rules can set up a limit on the number of pages, establish deadlines for motions and responses, explain whether it is acceptable to combine a motion petition with a response, specify if a judge needs an additional copy of the documents (called "judge's copy"), etc. Local Rules can define page layout elements like: margins , text font/size , distance between lines, mandatory footer text, page numbering , and provide directions on how
4018-435: The law in order to serve their own interests. When people who have a duty to act on behalf of others, such as elected officials with a duty to serve their constituents' interests or more broadly the public good, can benefit by shaping the law to serve the interests of some private parties, a conflict of interest exists. Many critiques of lobbying point to the potential for conflicts of interest to lead to agent misdirection or
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4116-514: The Advancement of Colored People , for example, filed suits in state and federal courts in the 1950s to challenge segregation laws. Their efforts resulted in the Supreme Court declaring such laws unconstitutional. Lobbyists may use a legal device known as amicus curiae ( lit. ' friend of the court ' ) briefs to try to influence court cases. Briefs are written documents filed with
4214-633: The Committee on the Rules of Procedure, the Verification of Credentials and Immunities, was appointed to submit proposals for a Code of conduct and a register of lobbyists. Today lobbying in the European Union is an integral and important part of decision-making in the EU. From year to year lobbying regulation in the EU is constantly improving and the number of lobbyists increases. This increase in lobbying activity
4312-601: The Federal Australian Register of Lobbyists. Steve Carney of Carney Associated says that lobbyists "try to leave no thumbprints on the glass, no footprints in the sand. The best lobbying is when nobody knows you were there." Mark Textor of campaign advisory group Crosby Textor describes political lobbying as a "pathetic miserable industry". Supermarket chains in Australia engage lobbying firms with political weight in their ranks. Australian Supermarket giant Coles
4410-844: The HHS secretary deems a "covered countermeasure," or that the secretary decides is a public health situation that could become an emergency at some point in the future, whether or not there is a specific relationship to a dangerous pandemic or bioterrorism . By invoking provisions of PREPA, the HHS secretary can wield broad authority to declare an emergency, which in turn would trigger drug company immunity from liability at any time, thereby conferring upon drug companies legal immunity for harm caused by their misconduct. The immunity that could be conferred on drug and vaccine manufacturers can be applied regardless of wrongdoing by affected drug companies. The PREPA defines terms such as covered countermeasure and qualified pandemic or epidemic product in terms related to
4508-528: The HHS secretary to write regulations "that further restrict the scope of actions or omissions by a covered person" that constitute willful misconduct. A plaintiff whose claim is subject to PREPA can sue the defendant only in the United States District Court for the District of Columbia . For such a civil action, PREPA requires the complaint to be pleaded with particularity, verified under oath by
4606-545: The HHS secretary will have primary responsibility for making decisions on whether or not to declare an emergency that would justify removing financial risk barriers, which otherwise would cause a prudent manufacturer to exercise caution. Pursuant to such an emergency declaration, liability protection would extend to doctors and other individuals and organizations involved with countermeasures, which may include any medical product to prevent, treat, mitigate, or diagnose an epidemic . The act does not list any criteria for determining
4704-600: The Indian government made a controversial decision to permit foreign direct investment in the country's multi-brand retail sector. Successful grassroots lobbying campaigns include the Mazdoor Kisan Shakti Sangathan 's campaign to pass the 2005 Right to Information Act and Anna Hazare 's anti-corruption campaign to introduce the 2011 Lokpal Bill . There is no register for lobbying activity and no cooling off period for public officials before they can enter
4802-497: The Italian State's properties: since 2022, owners have to pay a fee of 2698 euros to keep a public concession of a beach establishment. This is an amount of money that would be paid back just by renting for three months 2 beach umbrellas for 15 euros each (and in many cases the renting prices are higher). The Court of Accounts has declared an imbalance between the fee and the gains from the beach establishment. Until 2009, according to
4900-462: The PREPA legislation was presented, its broad liability shields, its potential for undermining state vaccine laws, and its consolidation of responsibility within the executive branch were misrepresented in Congress and media, according to critics, who note that it was portrayed instead as primarily concerned with preparations to combat the avian flu. Opponents also contended that PREPA would contribute to
4998-566: The Postal Service monopoly. In addition, the rule on RCA tariffs was withdrawn after protests from insurance companies, while the diatribe between taxi drivers and Uber was postponed for a separate measure. Professional associations, such as lawyers and dentists, opposed measures that undermined their interests, such as the requirement for lawyers to have a quote or the requirement that dental companies be at least two-thirds owned by registered members. Other categories, such as hoteliers, called for
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#17328759157475096-440: The Senate in a vote of 93–0 , with 7 not voting. President Bush signed the bill into law on December 30. Of the $ 3.8 billion earmarked for pandemic preparedness, $ 350 million is slated for improvement of state and local preparedness. HHS will use most of the balance on "core preparedness activities", such as developing vaccines and stockpiling antiviral drugs. Under PREPA, an HHS emergency declaration will trigger establishment of
5194-452: The Union. Governments often define and regulate organized group lobbying as part of laws to prevent political corruption and by establishing transparency about possible influences by public lobby registers . Lobby groups may concentrate their efforts on the legislatures, where laws are created, but may also use the judicial branch to advance their causes. The National Association for
5292-404: The United States , PREPA is being invoked in a variety of lawsuits, many involving skilled nursing or assisted living facilities where COVID-19 countermeasures including the administration or non-administration of vaccines is said to have resulted in or contributed to resident deaths. Although PREPA was around for more than 15 years, prior to COVID-19, the act's defensive application in litigation
5390-448: The age of 60, or due to illness, license holders can transfer their license to someone else upon indicating their preference to the municipality. In case of death, the license can be passed to one of the heirs or their designated individuals. Italy has an average of one taxi for every 2,000 inhabitants, whereas countries like France and Spain have ratios of 1,160 and 1,028 taxis per 2,000 inhabitants, respectively. This suggests that Italy has
5488-462: The career paths of former EU officials and found that 30% of Members of the European Parliament who left politics went to work for organisations on the EU lobby register after their mandate and approximately one third of Commissioners serving under Barroso took jobs in the private sector after their mandate, including for Uber , ArcelorMittal , Goldman Sachs and Bank of America Merrill Lynch . These potential conflicts of interest could be avoided if
5586-472: The case was voluntarily dismissed. In the case of Fox v. Vice , the U.S. Supreme Court held that reasonable attorneys' fees could be awarded to the defendant under 42 U.S.C. Sec. 1988, but only for costs that the defendant would not have incurred "but for the frivolous claims." Even when there is no actual trial or judgment, if there is only pre-trial motion practice such as motions to dismiss, attorney fee shifting still can be awarded under FRCP Rule 11 when
5684-482: The case, as it moves through the court system. There are also freely accessible web search engines to assist parties in finding court decisions that can be cited in the complaint as an example or analogy to resolve similar questions of law. Google Scholar is the biggest database of full text state and federal courts decisions that can be accessed without charge. These web search engines often allow one to select specific state courts to search. Federal courts created
5782-422: The complaint personally. The court also can issue a summons – an official summary document which the plaintiff needs to have served together with the complaint. The defendants have limited time to respond, depending on the State or Federal rules. A defendant's failure to answer a complaint can result in a default judgment in favor of the petitioner. For example, in United States federal courts , any person who
5880-480: The context of corruption cases, for example the 2010 controversy surrounding leaked audio transcripts of conversations between the corporate lobbyist Niira Radia and senior journalists and politicians. Besides private companies, the Indian government has been paying for the services a US firm since 2005 to lobby, for example, in relation to the India-US civilian nuclear deal . In India, there are no laws that defined
5978-407: The context of the fight against corruption. Anti-corruption strategies adopted in 2011 and 2004 mentions the purposes of the elaboration of a draft law on lobbying, as well as ensuring transparency in the decision-making activity. In 2008 and 2011, the emphasis was mainly on transparency in the decision-making activity of the public authorities, regulation of lobbying activities no longer appearing as
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#17328759157476076-408: The court's permission to file some exhibits completely under seal . A minor 's name of the petitions should be replaced with initials . A person making a redacted filing can file an unredacted copy under seal, or the Court can choose to order later that an additional filing be made under seal without redaction. Copies of both redacted and unredacted documents filed with court should be provided to
6174-531: The ear of monarchs and their councilors. Since the 1980s, lobbying in Australia has grown from a small industry of a few hundred employees to a multi-billion dollar per year industry. What was once the preserve of big multinational companies and at a more local level (property developers, for example Urban Taskforce Australia ) has morphed into an industry that employs more than 10,000 people and represents every facet of human endeavour. Academic John Warhurst from
6272-613: The ease of sanctions, the diplomatic efforts to end the Syrian war will be ineffective. However, the EU nations, including France and Germany, turned down the idea of restoring ties with Syria , stating that it would legitimize the regime that is accused of massacring its own people. There is currently no regulation at all for lobbying activities in France. There is no regulated access to the French institutions and no register specific to France, but there
6370-407: The existence of an emergency, but it does specify that any such declaration would have to list the diseases, populations, and geographic areas covered and when the emergency would end. PREPA removes the right to a jury trial for persons injured by a covered vaccine, unless a plaintiff can provide clear evidence of willful misconduct that resulted in death or serious physical injury. The act instructs
6468-557: The expected political value of their indirect lobbying efforts. This study provides evidence of market-based lobbying, in which companies strategically allocate their advertising budgets to gain political influence. It also highlights the additional conflict of interest that politicians with corporate holdings face and raises important questions about the role of money in politics beyond direct campaign contributions. Another relevant case of lobbying that has been going on for at least 16 years concerns owners of beach establishments. Beaches are
6566-442: The extent required for registration as lobbyists, operating within the same professional circles as registered lobbyists. Professional lobbyists are people whose business is trying to influence legislation, regulation, or other government decisions, actions, or policies on behalf of a group or individual who hires them. Nonprofit organizations whether as professional or amateur lobbyists can also lobby as an act of volunteering or as
6664-406: The filings made with the court and accompanying exhibits, (exhibits normally do not need to be attached to the original complaint, but should be presented to Court after the discovery ). The redacted text can be erased with black-out or white-out, and the page should have an indication that it was redacted - most often by stamping word "redacted" on the bottom. Alternately, the filing party may ask
6762-482: The government of Mario Draghi the deadline for all concessions was established for 31 December 2023: anyhow, the new Prime Minister Giorgia Meloni assured in a letter of November 3, 2022, that "their government would defend the families that work in that sector", and delayed the deadline of the concessions. Some politicians claim that the families involved in the issue represent a significant and influential number of electors. Finally, lobbying from taxi drivers represents
6860-676: The hundreds of millions for those they represent. The international standards for the regulation of lobbying were introduced at four international organizations and supranational associations: 1) the European Union; 2) the Council of Europe; 3) the Organization for Economic Cooperation and Development; 4) the Commonwealth of Independent States. In 2013, the director general of the World Health Organization , Margaret Chan , illustrated
6958-418: The intentional failure of an agent with a duty to serve an employer, client, or constituent to perform those duties. The failure of government officials to serve the public interest as a consequence of lobbying by special interests who provide benefits to the official is an example of agent misdirection. That is why lobbying is seen as one of the causes of a democratic deficit . Politicians tend to vote against
7056-417: The late 20th century has been regulated by the government to increase transparency and establish a set of ethics for both lobbyists, and those who will be lobbied. Canada does not require disclosure of lobbyist spending on lobbying activities. The first step towards specialized regulation of lobbying in the European Union was a Written Question tabled by Alman Metten, in 1989. In 1991, Marc Galle, Chairman of
7154-409: The law. Pressure from various lobbies led to the deletion of several important provisions. For example, due to pressure from pharmacists, the sale of Band C drugs in supermarkets and parapharmacies was skipped. Other provisions removed include the portability of pension funds, the sale of boxes or garages worth less than one hundred thousand euros without a notarized deed, the protected energy market, and
7252-584: The lobbying firm Bespoke Approach, along with former Labor minister Nick Bolkus and Ian Smith , who is married to former Australian Democrats leader, Natasha Stott-Despoja . Peter Costello carried two former staffers to work with him in his lobbying firm, ECG Consulting: Jonathan Epstein and David Gazard. Politicians can become exposed to allegations of conflicts of interest when they both lobby and advise governments. Examples include Peter Costello. Political party staff often form lobbying firms or dominate their ranks. Former Howard chief-of-staff Grahame Morris
7350-635: The lobbying industry in New Zealand, allowing politicians and Parliamentary staffers to immediately become lobbyists after leaving office. Kris Faafoi joined a lobbying firm just three months after leaving Parliament, where he had been justice and broadcasting minister. Lobbyists also move directly into staffer positions. Gordon-Jon Thompson took a leave of absence from his lobbying firm to work as chief of staff to Prime Minister Jacinda Ardern for four months before returning to his lobbying firm. Andrew Kirton resigned from his lobbying company on 31 January 2023 and
7448-525: The lobbying profession was an established part of the democratic political process in Canberra. Warhurst attests that by 2018, "political leader-lobbyists" were an established part of the same process. During the 1980s, political leaders traded on their own names, like Bob Hawke , or joined the "respectable" end of the lobbying spectrum, working for law firms or banks, like former New South Wales premiers Nick Greiner and Bob Carr . In 2008, Alexander Downer formed
7546-556: The lobbyist register is that it only captures professional third-party lobbyists, not employees of companies which directly lobby government. An example of this is BHP, which employs Geoff Walsh, a key advisor to Bob Hawke as an in-house lobbyist. In 2022, The Mercury published a complete list of lobbyists registered at the Tasmanian Parliament. The field was dominated by former politicians, advisers and journalists in 2016. In December 2022, Bahrain's lobbying efforts reflected in
7644-428: The methods used in lobbying against public health: Efforts to prevent noncommunicable diseases go against the business interests of powerful economic operators. In my view, this is one of the biggest challenges facing health promotion. [...] it is not just Big Tobacco anymore. Public health must also contend with Big Food, Big Soda, and Big Alcohol. All of these industries fear regulation, and protect themselves by using
7742-431: The next day was announced as chief of staff for Prime Minister Chris Hipkins . Complaint In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action ) that the filing party or parties (the plaintiff (s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant (s)) that entitles
7840-498: The opposing party files a Motion for Sanctions and the court issue an order identifying the sanctioned conduct and the basis for the sanction. The losing party has a right to appeal any order for sanctions in the higher court. In the state courts, each party is generally responsible only for its own attorney fees, with certain exceptions. In 1883, the Rules of the Supreme Court replaced the term complaint with statement of claim . This
7938-399: The other parties in the case . Some courts also require that an additional electronic courtesy copy be emailed to the other parties. Before filing the complaint, it is important for plaintiff(s) to remember that Federal courts can impose liability for the prevailing party's attorney fees to the losing party, if the judge considers the case frivolous or for purposes of harassment, even when
8036-545: The pages need to be bound together – i.e. acceptable fasteners , number and location of fastening holes , etc. If the filed motion does not comply with the Local Rules then the judge can choose to strike the motion completely, or order the party to re-file its motion, or grant a special exception to the Local Rules. According to Federal Rules of Civil Procedure (FRCP) 5.2 , sensitive text like Social Security number , Taxpayer Identification Number , birthday , bank accounts and children 's names, should be redacted from
8134-514: The plaintiff(s) to a remedy (either money damages or injunctive relief ). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for
8232-441: The plaintiff, and accompanied by an affidavit from a non-treating physician to explain how the covered countermeasure injured the plaintiff, as well as relevant medical records. In the event of an emergency declared by HHS, Federal law would preempt all state provisions related to pandemic emergency preparedness, and would supersede any state provision governing vaccines. PREPA applies to any drug, vaccine, or biological product that
8330-473: The potential for abuse of discretion by the George W. Bush Administration , which was generally perceived as friendly to the drug industry. In particular, critics were concerned about the possibility that state laws banning thimerosal containing vaccines (TCVs) may be preempted. If the HHS secretary designates that a vaccine is a covered countermeasure, thimerosal (a mercury containing preservative) can be used in
8428-408: The preferred position of their constituency when there is more special interest money and less attention to politics. That architectural sense of lobby is believed to originate from the medieval Latin lobia or lobium , which refers to a gallery, hall, or portico. This architectural sense was later adopted to describe the practice of advocating or debating in such spaces. In a report carried by
8526-771: The responsibility for harm to health on individuals, and portray government actions as interference in personal liberties and free choice. This is formidable opposition. [...] When industry is involved in policy-making, rest assured that the most effective control measures will be downplayed or left out entirely. This, too, is well documented, and dangerous. In the view of WHO, the formulation of health policies must be protected from distortion by commercial or vested interests. Lobbying can be categorized as inside lobbying, which directly interacts with decision-makers, or outside lobbying, which pressures decision-makers through mobilization of public opinion. In pre-modern political systems, royal courts provided incidental opportunities for gaining
8624-468: The rest of the discovery process and then the parties should submit a proposed discovery plan to the judge within 14 days after the conference. In many U.S. jurisdictions, a complaint submitted to a court must be accompanied by a Case Information Statement , which sets forth specific key information about the case and the lawyers representing the parties . This allows the judge to make determinations about which deadlines to set for different phases of
8722-451: The revolving door) who possess inside knowledge of the EU institutions and policy process. This practice of hiring former EU employees is part of what lobbyist Andreas Geiger describes as lobbying's vital role in shaping law and decision-making processes, given the unique insights and access these individuals provide. A report by Transparency International EU published in January 2017 analysed
8820-400: The same pleading. In Civil Law, a "complaint" is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by the plaintiff to restore justice. In some jurisdictions, specific types of criminal cases may also be commenced by the filing of
8918-434: The same tactics. Research has documented these tactics well. They include front groups, lobbies, promises of self-regulation, lawsuits, and industry-funded research that confuses the evidence and keeps the public in doubt. Tactics also include gifts, grants, and contributions to worthy causes that cast these industries as respectable corporate citizens in the eyes of politicians and the public. They include arguments that place
9016-543: The scope of lobbying, who could undertake it, or the extent of disclosure necessary. Companies are not mandated to disclose their activities and lobbyists are neither authorized nor encouraged to reveal the names of clients or public officials they have contacted. The distinction between lobbying and bribery still remains unclear. In 2012, Walmart revealed it had spent $ 25 million since 2008 on lobbying to "enhance market access for investment in India". This disclosure came weeks after
9114-507: The scope of the Transparency Register "-database of the EU. The European allies were being lobbied by the UAE and Saudi Arabia to regain the diplomatic ties with the Syrian government. The two Arab countries lobbied the European Union for months, pushing them to ease the sanctions on Syria for the revival of its collapsed economy. The UAE and its neighbour country argued that without
9212-833: The vaccine, even in states that have enacted such bans. Lobbying Lobbying is a form of advocacy , which lawfully attempts to directly influence legislators or government officials, such as regulatory agencies or judiciary . Lobbying involves direct, face-to-face contact and is carried out by various entities, including individuals acting as voters , constituents, or private citizens; corporations pursuing their business interests; non-profits and NGOs through advocacy groups to achieve their missions; and legislators or government officials influencing each other in legislative affairs. Lobbying or certain practices that share commonalities with lobbying are sometimes referred to as government relations , or government affairs and sometimes legislative relations, or legislative affairs. It
9310-400: Was added to the final version of a Department of Defense - appropriations bill ( H.R. 2863 ) while the bill was negotiated between the Senate and the House of Representatives. On December 19, 2005, the appropriations bill with the PREPA legislation was approved by the House of Representatives in a vote of 308–106 , with 2 voting Present and 18 not voting. On December 22, it was approved by
9408-569: Was analyzed. It is hypothesized that some companies are more likely to advertise on Mediaset channels when Berlusconi is in power, indicating a potential correlation between advertising behavior and political influence. A model of the Italian television advertising market was developed, distinguishing between regulated firms (interested in government actions) and unregulated firms (less interested in specific public policy changes). The model predicts that advertising prices on Mediaset increase when Berlusconi
9506-420: Was not widespread, but now the application of the act is being included more frequently in a variety of COVID-19 related lawsuits, including Shareholder Derivative Litigation . Legislative leaders Senator Bill Frist and Congressman Dennis Hastert were among the backers of PREPA legislation. Rep. Nathan Deal spoke on the House floor in support of the bill, calling it "absolutely critical legislation". It
9604-410: Was supposedly used by President Ulysses S. Grant to describe the political advocates who frequented the hotel's lobby to access Grant—who was often there in the evenings to enjoy a cigar and brandy—and then tried to buy the president drinks in an attempt to influence his political decisions. Although the term may have gained more widespread currency in Washington, D.C., by virtue of this practice during
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