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Barak-Erez, Daphne --- "Three questions of privatization" [2017] ELECD 1113; in Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake (eds), "Comparative Administrative Law" (Edward Elgar Publishing, 2017) 533

Book Title: Comparative Administrative Law

Editor(s): Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784718657

Section: Chapter 32

Section Title: Three questions of privatization

Author(s): Barak-Erez, Daphne

Number of pages: 19

Abstract/Description:

The chapter offers an outline for a new sub-area of public law, called the public law of privatization. It starts by presenting the different meanings of the term ‘privatization’, which include not only the selling of government assets but also outsourcing contracts, BOT projects, various forms of public-private cooperation, voucher systems and more. Against this background, the chapter presents a model for analyzing questions of privatization from a public law perspective. More specifically, it distinguishes between three different questions raised by privatization decisions. The first question considers the boundaries of privatization: are there any limitations on the types of actions or types of powers that can be privatized? The second question relates to the administrative process of privatization and presents the question what are the constraints that should apply to the implementation of a privatization decision? The third question refers to the outcome of privatization and its regulation: which legal regime should apply to privatized activities, and will these activities be subject to special regulation or special duties?