@article{2014:kalagi:die_rolle_,
title = {Die Rolle von Anwaltskanzleien bei der Gesetzesvorbereitung in der Ministerialverwaltung: Ursachen und Probleme am Beispiel der Finanzmarktstabilisierungsgesetze},
year = {2014},
note = {In the fall of 2009 a hardly known form of policy advice received
public attention: Foryears, a number of federal ministries contracted
law firms with the drafting of bills. Althoughconcerns have been
raised about democratic legitimacy and the covert influence ofspecial
interests there is a lack of empirical case studies to shed light on
the causes and challengesof this issue. Focusing on the bills enacted
to stabilise the financial market the qualitativeanalysis of several
documents and guided interviews indicate that there are variouscauses
for contracting law firms: The ministries involved in financial market
policies neededstaff and expert knowledge to cope with a complex legal
regulation under time pressure.Apart from that, ministries used
external advice to strengthen power within
inter-ministerialcoordination. With respect to the challenges the
findings corroborate the view that thedemocratic legitimacy of
contracting law firms was to be deficient mainly due to the lack
oftransparency or rather parliamentary control. Moreover, there is
evidence to suggest thatthe steering capability of the ministerial
bureaucracy in the law-drafting process was insufficient.This appears
problematic as law firms were deeply involved in the process of policy
making and implementation while at the same time working for
profiteers of the legal regulations.[ZParl, vol. 45, no. 3, pp. 647
– 668]},
journal = {ZParl Zeitschrift für Parlamentsfragen},
pages = {647--668},
author = {Kalagi, Sarah},
volume = {45},
number = {3}
}