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2024 | OriginalPaper | Buchkapitel

Lobbyism vs. Populism: A Brief Comparison U.S.A.-Italy

verfasst von : Roberto Di Maria

Erschienen in: The People’s Constitution

Verlag: Springer Nature Switzerland

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Abstract

Starting from the assumption that lobbyism and populism are phenomena both related to the socio-political pluralism, typical of the modern legal orders, the paper intends to analyze them in the experience of U.S.A. and Italy. Particularly, they’ll be summarized the regulatory systems of lobbying activity, as well as the characteristics of populism, tried out in both Countries. Such comparison, to highlight that—in despite of the common matrix—the aforementioned phenomena produce very much different effects into the liberal-democratic system, especially regarding the role of the Parliament, of the political parties, of the electoral debate and, also, the selection of interests, the elaboration of public policies and their transition inside the decision-making process: while lobbyism might be considered a part of a mature democratic system, instead populism contradicts some of the cornerstones of both the social and liberal democratic tradition.

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Vorheriges Kapitel Populist Constitutionalism and Representation. Reflections on the People in a New ‘Social Question’ Perspective

Nächstes Kapitel Measuring the Impact of Populism in the Face of EU Multi-level Governance: Politics and Constitutional Change

“[T]he higher significance of public opinion is also manifested in the fact that today it is assigned to it, more or less explicitly, the role of fourth Power”; Kaiser (1979), p. 212.

Supreme Court, United States vs. Harriss, 1954. In matter, see Palici di Suni Prat et al. (2001), p. 903. See also Di Maria (2013).

Vogel (2009). It must be noticed that, in this matter, even the States themselves approved some rules, such as forbidding the lobbies to directly finance political campaign.

References in Susman and Luneburg (2009), p. 24; Clymer (1994), p. 1; Seelye (1994), p. 22.

The 20% threshold has been criticized as arbitrary and difficult to measure and therefore easily circumvented, but still, it remains the only criterion to refer to: Luneburg and Spitzer (2009), pp. 54–77. Moreover, the registration duties were also extended to those who are part of the staff of a congressman and, in addition, the information to be included in the registration deed was specified.

For details, Bauer and Gordon (2009), pp. 477–480.

For an in-depth assessment regarding the ‘weaknesses’ of the H.L.O.G.A., see Luneburg (2009), p. 85.

And that’s why, from 2009, the Obama Administration decreed a series of innovations regarding the regulation of the phenomenon of lobbying, such as: lobbyists could not communicate—not even orally—with the Administration about the package of planned economic reforms; no lobbyist could receive presidential office; no staff member of the Administration could work for a lobby during his tenure; no member of the lobbies could sit on federal advisory committees. For an overview on President Obama’s initiatives, see McGreal (2009), p. 41. However, as it was affirmed, “[it is] not about the few corrupt lobbyists or specific abuses by the profession, but rather […] the system as a whole. For too long, lobbyists and those who can afford their services have held disproportionate influence over national policy making” (in this way, Eisen 2009).

In this respect, see the Citizens United vs. FEC.

As it was said: “all Americans and not just those with access to money or power”; Eisen (2009).

Even from an etymological perspective, the term “lobby” was originally “used in the United States of America, and then also widespread elsewhere” and it refers to an activity exercised from a “public tribune” (for example, “in parliamentary halls”) by “groups of people who, without belonging to a legislative body and without government offices, intend to exercise their influence on those who have the right to political decisions, to obtain the enactment of regulatory measures, in their favor or their customers, regarding certain problems or interests” (cfr. https://www.treccani.it/vocabolario/lobby; i.e., “lobby” from late Latin: “laubia”).

Di Maria (2021).

Paraphrasing the words used in the regional laws of Tuscany, n. 5/2002; of Molise, n. 24/2004; of Abruzzo, n. 61/2010; of Calabria, n. 4/2016; and of Lombardy, n. 17/2016. Gleaning between these, a body of legislation emerges, sufficiently homogeneous and referable to the “transparency of the political and administrative activity of the Regional Council”, as well as to the “activity of representing particular interests […] in the public decision-making process”.

The subjects enrolled in the aforementioned registers are divided into categories: specialized consultancy firms, law firms, independent consultants; businesses and trade, commercial and professional associations; non-governmental organizations; study centers, academic and research institutes; representative organizations of churches and religious communities; organizations representing local, regional and municipal administrations, other public or mixed entities; trade associations; consumer and user associations. See links: registrotrasparenza.mise.gov.it/index.php, www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/8707.

So that is imposed an “internal” transparency obligation for anyone, in the Ministry, able to take a (political) decision to publicly declare who they have met and for which purpose. See link www.minambiente.it/comunicati/ambiente-il-ministero-diventa-una-casa-di-vetro-il-ministro-costa-che-ha-firmato-il.

In the aforementioned “Regulation” is also exemplified the type of “representation of interests” activity (i.e. “carried out through proposals, requests, suggestions, studies, research, analysis and any other initiative o oral and written communication, intended to pursue own or third party legitimate interests towards the members of the Chamber of Deputies”; §II); and are listed the accreditation qualifications of the representatives, in particular their personal data and the indication of the interests patronized (§III); (www.camera.it/rappresentantidiinteressi/registro_rappresentanti.html).

Quotation marks are taken from Petrillo (2019).

Term used “to designate political trends or movements that developed in different areas and contexts during the 20th century. These movements have some common traits, in part attributable to an idealized representation of the “people” and an exaltation of the latter, as the bearer of positive (mainly traditional) instances and values, in contrast with the defects and corruption of the elites. Among these common traits, the tendency to devalue forms and procedures of representative democracy, favoring plebiscitary-type modalities, and the opposition of new charismatic leaders to parties and exponents of the traditional political class” (https://www.treccani.it/enciclopedia/populismo).

About the crisis of the political parties, refer to Ignazi (2012).

In this respect sounds interesting what has been affirmed in doctrine: after the fall of the Berlin Wall (1989) and the consequent crisis of the communist ideology, the “government activity is reduced to a question of effectiveness and efficiency […] almost as if the Countries were companies and the political leaders managers in charge of maximizing the return for the citizen-shareholder, without any particular political evaluation or ethical dilemma”; so that, through the 90s, the populist movements arose in an “almost caricatured version of the democratic arena” since “if there is no possibility of competition between different ideas and positions – Right and Left, to simplify – then the only polarization becomes that between system and antisystem”; Feltri (2021), pp. 88–89. For more references on such topic see, among many, Tarchi (2015).

“Cultural populism” (trad. it. “Populismo culturale”) is a definition used by Feltri (2021), p. 83.

Antonucci (2012–2017), pp. 16–18.

Belardelli (2020). Aside from the case of Donald Trump, anyway formally candidate for the Republican Party, in the U.S. political history the experiences of Ross Perot—twice candidate (1992 and 1996) for the Reform Party—and Rupert Murdoch—with his mediatic influence in the ’90s and 2000s—seem to testify such “crisis”, even in a political system always connotes by bipartisanship.

Feltri (2021), p. 83.

A question regarding the modern State of pluralist democracy; in fact, the topic of “legitimation crisis” is not new in the scientific debate, nor in specialized literature: for some authoritative references, see Luhmann (1969); Habermas (1975); and, more widely, see also the collective volume Legitimationprobleme politischer Systeme, Wiesbaden, 1975.

Feltri (2021), p. VII. Just as occurred in Italy, where the Movimento5Stelle approved the law on “reddito di cittadinanza” (i.e., “basic income”) and the reform of the normative regarding the criminal prescription—both always supported during its electoral propaganda—but also confirmed the projects on high-speed transportation as well as the financing of military missions and defense expenses, once heavily contested by the Movement itself and its electors. So that has been noticed: “[i]f electors voted [the Movimento5Stelle] to make different choices and coherent with their preferences, they should be very disappointed” (ibidem p. 94).

Ibidem, p. 95. Just think again of the Italian case, considering the last government experience of the Movimento5Stelle, connoted by the constitutional reform that determined the “cut” of the number of deputies (from 630 to 400) and of senators (to 315 to 200). In matter, see also Giavazzi et al. (2019).

Quotation marks taken from Truman (1971), p. 502.

Ibidem. As the Author therein affirms “this linkage we observe in industrialized societies the world over”.

Quotation marks respectively taken from Graziano (1994), p. 271; and Frosini (2012), p. 1.

Graziano (1994), p. 218. In this way “an association will not turn into a lobby except in the presence of advantages other than the general political ones expected by the lobbying [itself]”. In such matter, see also Regonini (2015).

It is precisely the technical-professional competence attributable to a lobby that constitutes its “element of [political] strength”, above all “in an economic, social and political context dominated by technical specialization of policies and the change in forms of collective participation”; ibidem, pp. 21–25.

Preferring the use of the tools of “democrazia diretta” (i.e., “direct democracy”: referendum, petition, popular legislative initiative, etc.); ibidem, p. 98.

Literally, Ventura (2020), p. 32.

Antonucci MC (2012–2017) Rappresentanza degli interessi oggi. Il lobbying nelle istituzioni politiche europee e italiane. Carocci, Rome

Bauer RF, Gordon RH (2009) Congressional ethics: gift, travel, income and post-employment restrictions. In: Luneburg WV, Susman TM, Gordon R (eds) The Lobbying Manual. American Bar Association, Chicago

Belardelli G (2020) Lobby delle armi, antiabortisti e ultracattolici: chi esulta per la nomina di Barrett, available at: https://www.huffingtonpost.it/entry/nomina-di-barrett_it_5f98037ac5b6e5b767732a06

Clymer A (1994) G.O.P. Filibusters deal as Setback to Lobbying Bill. N.Y. Times, October 7th

Di Maria R (2013) Rappresentanza politica e lobbying: teoria generale e disciplina normativa. Tipicità ed interferenze del modello statunitense. Franco Angeli Editore, Milan

Di Maria R (2021) Brevi considerazioni su democrazia parlamentare, pluralismo e lobbying. In: Liber Amicorum per Pasquale Costanzo, Diritto costituzionale in trasformazione, vol V, La democrazia italiana in equilibrio. https://www.giurcost.org/COLLANA/5.pdf

Eisen N (2009) A Washington that is more Reflective of all America. In: White House Blog, November 9th

Feltri S (2021) Tornare cittadini. Einaudi, Turin

Frosini TE (2012) La democrazia e le sue lobbies. In: Percorsi costituzionali, n. 3

Giavazzi S, Mongillo V, Petrillo PL (eds) (2019) Lobbying e traffico di influenze illecite. Regolamentazione amministrativa e tutela penale. Giappichelli, Turin

Graziano L (1994) Lobbying, pluralismo, democrazia. Carocci, Rome

Habermas J (1975) La crisi della razionalità nel capitalismo maturo. Laterza, Bari

Ignazi P (2012) Forza senza legittimità. Il vicolo cieco dei partiti. Laterza, Rome-Bari

Kaiser JH (1979) Die Representation Organisierter Interessen. Dunker&Humbolt, Berlin

Luhmann N (1969) Procedimenti giuridici e legittimazione sociale. Giuffré, Milan

Luneburg WV (2009) The Evolution of Federal Lobbying Regulation: where we are now and where we should be going. In: McGeorge Law Review, n. 41

Luneburg WV, Spitzer AL (2009) Registration, quarterly reporting, and related requirements. In: Luneburg WV, Susman TM, Gordon R (eds) The Lobbying Manual. American Bar Association, Chicago

McGreal C (2009) Revealed: Millions Spent by Lobby Firms Fighting Obama Health Reforms. In: Guardian, October 1st

Palici di Suni Prat E, Cassella F, Comba M (eds) (2001) Le Costituzioni dei Paesi dell’Unione Europea. CEDAM, Padua

Petrillo PL (2019) In Italy today lobbying is regulated in an inconsistent manner and rules are not applied. Greater transparency is necessary for investors too, but this situation is convenient for politics, an interview with P. L. Petrillo by N. Caranti, July 29th. https://www.balcanicaucaso.org/eng/Projects2/ESVEI/News-Esvei/Lobbying-in-Italy-and-legislator-schizophrenia-195830

Regonini G (2015) Lobbying e politiche pubbliche. In: Di Gregorio A, Mussomeli L (eds) Democrazia, lobbying e processo decisionale. Franco Angeli Editore, Milan

Seelye KQ (1994) All-out Strategy hobbled Lobby Bill. In: N.Y. Times, October 7th

Tarchi M (2015) Italia populista: dal qualunquismo a Beppe Grillo. Il Mulino, Bologna

Thurber JA (2011) Changing the way Washington works? Assessing President Obama’s Battle with Lobbyists. In: Presidential Studies, n. 358

Truman DB (1971) The governmental process. Political interest and Public Opinion, II. Knopf, NY

Ventura RA (2020) Radical choc. Ascesa e caduta dei competenti. Einaudi, Turin

Vogel KP (2009) Obama Order Worries Speech Groups. In: Politics, March 28th

Titel: Lobbyism vs. Populism: A Brief Comparison U.S.A.-Italy
verfasst von: Roberto Di Maria
Verlag: Springer Nature Switzerland
Buch: The People’s Constitution
Print ISBN: 978-3-031-71888-5

Electronic ISBN: 978-3-031-71889-2

Copyright-Jahr: 2024
DOI: https://doi.org/10.1007/978-3-031-71889-2_12