I legislatori occulti. Outscourcing legislativo ed espertocrazia nell'ordinamento tedesco.

• Sonja Haberl ^[1]
  1. [1] Università di Ferrara.
• Localización: Politica del diritto, ISSN 0032-3063, Vol. 49, Nº. 3, 2018, págs. 431-448
• Idioma: italiano
• Títulos paralelos:
  • Secret Lawmakers. Legislative Outsourcing and Expertocracy in the German Legal System
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• Resumen
  • English

    Outsourcing, Post-democratisation, Democratic Legitimation, Conflicting Interests, Expertocracy.

  • italiano

    Outsourcing as a business practise of hiring parties from outside of an organisation to perform tasks or provide services that previously had been done by its own employees, represents a well-known and much discussed phenomenon. In contrast, the «outsourcing» of legislative functions - i.e. the drafting of law by privare third parties - is a far less explored field. In Germany, some see the so-called Gesetzgebungsoutsourcing as a mere instrument of effective governance, whereas others criticise the growing influence of private experts within the legislative procedure as potentially depriving the Parliament of its powers. In addition to that, the emerging area of conflicting interests gives rise to reasonable doubts as to whether the discussed phenomenon can withstand scrutiny under the German Grundgesetz.