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a clear perception that influence from lobbyists is growing in the governmental process. It
understood that a form of a “legislative footprint” is to be included in the explanatory notes of
relevant draft laws (Directive 4.44). In practice, each ministry decides whether to and how to reflect
such contacts between government officials and third parties, including lobbyists. The GET welcomes
a policy towards more transparency but takes the view that more needs to be done to increase the
transparency in this respect.

70. The GET notes that apart from a ban on former ministers/state secretaries to lobby in their
former ministry, and the registration requirements in Parliament, lobbying as such is not much
regulated in the Netherlands. There is no definition of lobbying, no register of lobbyists targeting
PTEFs, and there is no requirement to declare contacts with lobbyists and no supervision of lobbyists’
contacts with office holders and civil servants. More generally, the GET believes that a coherent and
comprehensive framework for the legal regulation of lobbying activities should be established in line
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with relevant Council of Europe standards , in particular by providing for definitions of lobbying,
ensuring transparency of lobbying activities, maintaining public registers of lobbyists etc. and such
measures would be appropriate in respect of lobbying in relation to PTEFs. This area also requires
rules of conduct for the PTEFs, including political assistants, as appropriate. Consequently, GRECO
recommends (i) introducing rules and guidance on how persons entrusted with top executive
functions engage in contacts with lobbyists and other third parties who seek to influence
governmental processes and decisions, and (ii) increasing the transparency of contacts and subject
matters concerning lobbying of persons who are entrusted with top executive functions.

Control mechanisms

71. The Central Government Audit Service (ADR) is the independent internal auditor of the
Central Public Administration. The statutory duty of the ADR is to audit the financial information in
ministerial annual reports and then issue an audit certificate for this purpose. The ADR issues a
separate report for each Ministry (and for the budget funds) that is addressed to the relevant
minister. The ADR may also conduct demand-driven audits at the request of the ministerial
management. All reports are expected to be public. The ADR is the internal auditor of the individual
ministries and reports in that regard solely to the instructing ministry and not to other parties. The
ADR verifies whether the interplay between the ministerial management and control is running
smoothly and issues an independent opinion in this regard.

72. The Court of Audit is an independent institution which examines whether the Central Public
Administration is spending public money effectively and lawfully. All ministries and other
government organisations that fall under the Central Public Administration can be audited by the
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Court of Audit which is entitled to access all relevant information that it requires, including
confidential information. It provides the Minister of Finance and Parliament with recommendations
which are made public. The Court of Audit presents an annual report on its activities over the
preceding year to the government and Parliament. Based on the opinion of the Court of Audit,
Parliament decides whether to discharge the government from any liability. The Court of Audit also
reports to Parliament on the outcome of separate investigations so that members of Parliament can
decide whether a minister is pursuing an effective policy. The Court of Audit decides for itself what to
investigate; however MPs, ministers and state secretaries may also request an investigation.

Conflicts of interest

73. The Constitution and legislation contains some provisions aiming at preventing conflicts of
interest. These are subsequently spelled out in the Handbook for Minsters and State Secretaries. A

25 Council of Europe Recommendation CM/Rec(2017)2 to member states on legal regulation of lobbying activities in the
context of public decision making.
26 Government Accounts Act

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