APPLICATION OF ADMINISTRATIVE LAW TO PRIVATIZATIONS IN THE NETHERLANDS Inge c. van der vies, Suzanne w. stoter IV D2 and d.A. Lubach Preliminary remarks Adm inistrative law in the Netherlands is applicable to any action with regard to the execution of public law power. Public law power is defined as authority to decide on the behaviour ofanother person. Application of adm inistrative law is not entrusted to govemmental bodies only. It can be applica ble va acts of privatised organisationsas well. The most important matter is though, the application of administrative law with regard to privatised organisations. Privatised organisations are largely regulated by adm inistrative law. In the process of conversion from a state organisation towards a privatised company, administra tive law is applicable in all stag In this essay we will describe in what length and to what decree administrative law to protect the public interest is developed, as regulations on privatisation largely provide a mixture of private lw and public law aspects. As regulations for privatisations are growing, a system of checks and balances is elaborating. Special supervisory bodies or specal guarantees for private law bodies, obta ning a monopoly on a privatised market, are developing. These will be discussed as well Generaloverview of administrative law The Constitution of the Netherlands is written and, with all due respect, could be characterised as a pamphlet, under recognition of its broader meaning. It protects right of property, but it does not contain detailed articles on issues as property, freedom of negotiation or administrative aw. Property rights are not dependent on protection by the Constitution only, international treaties offer protection as well Nowadays protections is regulated in EC Treaties, is often ca lled Furthermore a law with a nearly constitutional status is re levant within the context of privatisation, namely: the general administrative law Act. This Act conta ins general noms with regard to decisions of all administrative authorities and enforcementof public law power in the Netherlands A privatisation is regulated by a specific Act for the privatisation as such enforced by many Decree-laws and ordinances, and an Act with regard to the upervision. Transition law is laid down in the Acts The legal way to privatise on state level is to design a Bill, laid out by the ministry that is charged with the policy upon the moment of privatisation. All ministries have been called upon to undertake privatisations. To enable the various ministries to fulfil the operation of privatisation successfully, a knowledge centre is vested in the ministry of Finance, Interdepartementale Begeleidingscommissie Privatisering (IBP), i.e. the interministerial advisory service for privatisation Though consultation of this centre is not obligatory for other ministries, this centre is often approached. It published a guidebook, under the responsibility of the Minister of Finance, containing the man issues in privatisation. The guidebook suggests the University of Amsterdam.APPLICATION OF ADMINISTRATIVE LAW TO PRIVATIZATIONS IN THE NETHERLANDS Inge C. van der Vlies,* Suzanne W. Stoter* IV D 2 and D.A. Lubach** Preliminary remarks Administrative law in the Netherlands is applicable to any action with regard to the execution of public law power. Public law power is defined as authority to decide on the behaviour of another person. Application of administrative law is not entrusted to governmental bodies only. It can be applicable via acts of privatised organisations as well. The most important matter is though, the application of administrative law with regard to privatised organisations. Privatised organisations are largely regulated by administrative law. In the process of conversion from a state organisation towards a privatised company, administrative law is applicable in all stages. In this essay we will describe in what length and to what decree administrative law to protect the public interest is developed, as regulations on privatisation largely provide a mixture of private law and public law aspects. As regulations for privatisations are growing, a system of checks and balances is elaborating. Special supervisory bodies or special guarantees for private law bodies, obtaining a monopoly on a privatised market, are developing. These will be discussed as well. 1 General overview of administrative law The Constitution of the Netherlands is written and, with all due respect, could be characterised as a pamphlet, under recognition of its broader meaning. It protects the right of property, but it does not contain detailed articles on issues as property, freedom of negotiation or administrative law. Property rights are not dependent on protection by the Constitution only, international treaties offer protection as well. Nowadays protection as is regulated in EC Treaties, is often called upon. Furthermore a law with a nearly constitutional status is relevant within the context of privatisation, namely: the general administrative law Act. This Act contains general norms with regard to decisions of all administrative authorities and enforcement of public law power in the Netherlands. A privatisation is regulated by a specific Act for the privatisation as such, enforced by many Decree-laws and ordinances, and an Act with regard to the supervision. Transition law is laid down in the Acts. The legal way to privatise on state level is to design a Bill, laid out by the ministry that is charged with the policy upon the moment of privatisation. All ministries have been called upon to undertake privatisations. To enable the various ministries to fulfil the operation of privatisation successfully, a knowledge centre is vested in the ministry of Finance, Interdepartementale Begeleidingscommissie Privatisering (IBP), i.e. the interministerial advisory service for privatisation. Though consultation of this centre is not obligatory for other ministries, this centre is often approached. It published a guidebook, under the responsibility of the Minister of Finance, containing the main issues in privatisation. The guidebook suggests the * University of Amsterdam. ** University of Groningen