Publikationen / Publications
Habilitationsprojekt / Habilitation thesis
Arbeitstitel / Working title:
"Lobbyismus im Gesetzgebungsverfahren - Eine Bewertung der Lobby-Regulierung in den Vereinigten Staaten und in Europa aus der Perspektive der Demokratietheorie und der Verfassungstheorie"
("Lobbying and the Lawmaking Process: Evaluating Lobby Regulation in the United States and in Europe from the Perspective of Democratic and Constitutional Theory")
Starting date of the project: 1 May 2018
Advisor: Prof. Regina Kiener
Abstract: We are all lobbyists in the wide sense of the word: we all have interests, and we all naturally seek to advance them in some way or another. But what does lobbying look like in the context of lawmaking, and what are its legal implications? Can and should attempts to influence the lawmaking process be limited by the law? In this project, I mainly focus on the ordinary legislative process and on lobby regulation in the European Union, France, Switzerland, and the United States. I define lobbying as the individual or collective attempt of individuals or interest groups lacking legal authority in a public decision-making process to influence the decisions of those holding such legal authority. First, I examine how the legal orders under scrutiny address lobbying in the context of the ordinary legislative process, how this regulation came about historically, and how it was justified from a democratic and constitutional theory perspective. Second, I highlight the constitutional norms that protect lobbying activities (e.g., freedom of speech and other communication rights), as well as the constitutional norms that limit lobbying (e.g., freedom of vote). Third, I critically examine three pivotal concepts that are often referred to in the context of lobby regulation, namely the public interest, integrity, and transparency. Finally, I suggest how the legal frameworks under scrutiny could be further improved from the perspective of constitutional law and democratic theory.