Reform of German Economic Self-Government: Transformation of the Association of German Chambers of Industry and Commerce into a Public Law Corporation

Abstract

This article is of a scientific and legal-research nature and addresses the reform of the German system of economic self-government as a subject of constitutional and administrative significance. The focus is on the transformation of the Association of German Chambers of Industry and Commerce (DIHK e.V.) into a public-law corporation – the German Chamber of Industry and Commerce (DIHK), implemented through the 2021 amendment of the Act on Chambers of Industry and Commerce (IHKG). Triggered by the Federal Administrative Court’s case law and a growing number of legal disputes undermining the legitimacy of DIHK e.V., the reform sought to establish a legally robust and comprehensive framework for representing economic interests at the federal level. The article’s central thesis is that the establishment of DIHK as a public-law entity enabled the creation of a transparent, constitutionally sound institutional structure for the economic self-government, preserving both its autonomy and legitimacy, while strengthening legal safeguards for its members. The aim of the study is to provide an in-depth legal and constitutional analysis of the solutions introduced, particularly in light of the principles of subsidiarity, self-governance, and proportionality. The originality of this article lies in its comprehensive approach to the legal and institutional consequences of the DIHK reform, along with the identification of new supervisory and participatory mechanisms that may serve as a model for other forms of functional self-government. The scope of the research is national (Germany), with references to EU standards on the representation of economic interests and principles of good governance. The findings offer significant theoretical value for the study of public law and constitutional systems, as well as practical relevance for policymakers and public administration bodies involved in the design and reform of legal frameworks for corporatist institutions. The article also contributes to the development of research on the relationship between the state and public law corporations in a democratic system.