APPLICATIONOF ADMINISTRATIVELAW TOPRIVATZATIONS Privatisation (liberation) here is considered within the context of market competition(real privatisation ). Privatisation in com bination with the attribution of public law authority to a foundation is in most cases undertaken to create a uasi-market. The objectives of these operations are not to create a real open market on which making profit is the man issue. They are to stimulate a competitive attitude between institutions. Privatisation can be used as an instrument to promote ompetition between institutions that cannot operate without a significant support of the state. This is the case with universities for example(quasi-privatisation). We do not considerthese cases here Privatisation is systematically organised. Once in every three or four years an operation on privatisation is started. The first step is to select suitable candidates for privatising Unavoidable, selection is a more or less political choice, tied as it is to the view on desirable state performances. Sometimes however, other then political criteria might offera rather easy choice. So it is to be considered where the profit of a privatisation will turn out. If it is probable that nor the state nor the client will gain fit from it, the odds are aga inst privatisation. A more then enthusastic adept of market philosophy only, will favour privatisation for no other reason then potentil profit for not yet existing com panies. In most cases a simple cost benefit analysis will lead the choice to leavingthings as they are As soon as a candidate for a real privatisation is selected, the scope of state responsibility should beagreed upon. To serve the overall state responsibility severa options should be considered In case a real and fair market can be created and public interest is served well by the privatisation, several legal options are open( see 5 above). It might occur that the created entity is entrusted with some public law power, although this usually not seen as the preferred construction. This is slightly different when the privatisation doe not create a company, but a non-commercial foundation 6.2 On state level, in most cases an Act is needed to perform the privatisation Statuary law is needed to empower the minister to found a specal company,to guarantee the continuity of the exploitation and other regulations(see above) Furthermore statutory law for a special legal body might be required, while the election of optional legal bodies in the Civil Code is lim ited. Another Act is needed for the supervision on the operations on the new or liberated market. This Act might organize a supervisory board and set norms for this board. Another option is to create rules in the statute of the Board. Statutes shall ontain provisions with regard to the duties of the main organs of the board Transitional prov isions on the legal position of civil servants, the selling of state properties, e d are usually aid down in the last part of the main Act, by which the privatisation is organized Cases From now on we concentrate here on the following: privatising of organisations that are already blessed with a decree of independency and will continue to have a monopoly(railways, forexample); privatising of activities that were a state mono poly and that will be performed on a competitive market(Post, for example)APPLICATION OF ADMINISTRATIVE LAW TO PRIVATIZATIONS 13 Privatisation (liberation) here is considered within the context of market competition (real privatisation). Privatisation in combination with the attribution of public law authority to a foundation is in most cases undertaken to create a quasi-market. The objectives of these operations are not to create a real open market, on which making profit is the main issue. They are to stimulate a competitive attitude between institutions. Privatisation can be used as an instrument to promote competition between institutions that cannot operate without a significant support of the state. This is the case with universities for example (quasi-privatisation). We do not consider these cases here. Privatisation is systematically organised. Once in every three or four years an operation on privatisation is started. The first step is to select suitable candidates for privatising. Unavoidable, selection is a more or less political choice, tied as it is to the view on desirable state performances. Sometimes however, other then political criteria might offer a rather easy choice. So it is to be considered where the profit of a privatisation will turn out. If it is probable that nor the state nor the client will gain profit from it, the odds are against privatisation. A more then enthusiastic adept of market philosophy only, will favour privatisation for no other reason then potential profit for not yet existing companies. In most cases a simple cost benefit analysis will lead the choice to leaving things as they are. As soon as a candidate for a real privatisation is selected, the scope of state responsibility should be agreed upon. To serve the overall state responsibility several options should be considered. In case a real and fair market can be created and public interest is served well by the privatisation, several legal options are open (see 5 above). It might occur that the created entity is entrusted with some public law power, although this usually not seen as the preferred construction. This is slightly different when the privatisation does not create a company, but a non-commercial foundation. 6.2 On state level, in most cases an Act is needed to perform the privatisation. Statuary law is needed to empower the minister to found a special company, to guarantee the continuity of the exploitation and other regulations (see above). Furthermore statutory law for a special legal body might be required, while the selection of optional legal bodies in the Civil Code is limited. Another Act is needed for the supervision on the operations on the new or liberated market. This Act might organize a supervisory Board and set norms for this board. Another option is to create rules in the statute of the Board. Statutes shall contain provisions with regard to the duties of the main organs of the Board. Transitional provisions on the legal position of civil servants, the selling of state properties, e.d. are usually laid down in the last part of the main Act, by which the privatisation is organized. Cases From now on we concentrate here on the following: - privatising of organisations that are already blessed with a decree of independency and will continue to have a monopoly (railways, for example); - privatising of activities that were a state monopoly and that will be performed on a competitive market (Post, for example)