Publikationen / Publications
Habilitationsprojekt: Lobbyismus und nationale Rechtsetzungsprozesse - Eine Analyse aus der Perspektive des vergleichenden Verfassungsrechts ("Lobbying and Domestic Lawmaking Processes - A Comparative Constitutional Analysis")
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, be it by doing everything we can to reach our goals, by being assertive and even playing power games, or simply by making the best out of the setting in which we find ourselves at a specific moment. But what does lobbying look like in the political and legal context? More specifically, how does lobbying influence lawmaking processes, and should this influence be limited by the law? In this project, I analyse lobbying – a topic which has been discussed extensively in political science, but also, to some extent, in sociology and philosophy – from a legal perspective, based on a comparison of the Swiss, EU, and US legal systems, while also drawing on debates conducted in other disciplines. I define lobbying as the attempt of individuals or interest groups to influence the decisions of those holding legal authority. In the first part of the project, I examine how States - and especially the three legal orders under scrutiny - address lobbying in the parliamentary context, and how this regulation came about historically and philosophically. Special emphasis is placed on constitutional norms that do (or could) enable lobbying practices. I then highlight the legal (and especially the constitutional) opportunities and challenges triggered by lobbying and current lobbying regulation. Finally, I suggest how existing legal frameworks, and especially the Swiss, EU, and US legal frameworks on lobbying could be further improved from this constitutional angle. In my analysis, I also shed light on contemporary trends which regulation needs to address, such as lobbying through social media and transnational lobbying.