VAN DER VLIESISTOTER/LUBACH use of a check list, which mentions amongst other checks, the following: Is the state activity, taken into consideration the Constitution and the current la ws, a suita ble candidate for privatisation, Is influence of the Govemment necessary, after privatisation Which conditions follow from the rule of law Which conditions should be met from a legal and organisational point of view? Though the limitations, set by the Constitution, are rather marginal, they offer indications a bout the level of regulating. Taxing, for example, could never be completely privatised, as the Constitution prescribes taxing by an Act The choice between different foms of government withdra wal could also be guided by the decree of the desira ble ministerial accounta bility, indicated in the second checkpoint. In case of rejection, the parliament cannot hold ministers accountable for any aspect of activities, performed in the market. The choice for a complete withdra wal of the state is not unavoidable. Other forms of privatisation are In many cases to prefer, if some aspects of the activ ities have to remain under the influence of the government Knowledge of parties concemed should be timely called for, before starting the operation of privatisation as such. Looking for assistance facilitates acting in compliance with the last checkpoint of the guidebook, on legality. For example the minister of home affairs should always be given the opportunity to assess the effects of a privatisation for the legal position of civil servants, the minister of socialaffairs for the effects on pensions and la bourconditions, et cetera The political and economic context States are recommended to lim it their duties in order to perform fewer tasks better Privatisation has been part of the political debate in the Netherlands since 1981 Elements of a centrally panned economy have been replaced by a market-oriented approach. Privatisation is supposed to generate a more effective management of the The continuing integration as is foreseen in the legal policy of the EC, forces to increase competition. Growing competition is anyhow a characteristic of the international market. The govemment of the Netherlands has to cut back its redistributional role, which was rather large. Furthemore considerations with regard to allocation of resources and productive use of activa are relevant. The governmental administration is often stigmatised as a more or less ponderous body, slowing down the mana gement of a topic instead of running it in a more economic way. By privatisation the obstacles, characteristic for governmental way of handling, vanish and make mom for a more goal-oriented way of working. Making profit is not the main issue, but more or less the spin off, resulting from a more effective way of working. Privatisation might by the way reduce the complaints of private businesses about unfair com petition by state-owned companies Comparable considerations are decisive in leav inga number of organizations in the private sphere. Only some of their activ ities will be regulated by statutory law This was the case for example with De Nederlandsche Bank N.V.(The Bank of the Netherlands, u.c. )and de Stichting Toezicht Effectenverkeer (Foundation Supervision Stake trading). In the end regulations are similar, be it to regulate aVAN DER VLIES/STOTER/LUBACH 2 use of a checklist, which mentions amongst other checks, the following: - Is the state activity, taken into consideration the Constitution and the current laws, a suitable candidate for privatisation, - Is influence of the Government necessary, after privatisation, - Which conditions follow from the rule of law, - Which conditions should be met from a legal and organisational point of view? Though the limitations, set by the Constitution, are rather marginal, they offer indications about the level of regulating. Taxing, for example, could never be completely privatised, as the Constitution prescribes taxing by an Act. The choice between different forms of government withdrawal could also be guided by the decree of the desirable ministerial accountability, indicated in the second checkpoint. In case of rejection, the parliament cannot hold ministers accountable for any aspect of activities, performed in the market. The choice for a complete withdrawa l of the state is not unavoidable. Other forms of privatisation are in many cases to prefer, if some aspects of the activities have to remain under the influence of the government. Knowledge of parties concerned should be timely called for, before starting the operation of privatisation as such. Looking for assistance facilitates acting in compliance with the last checkpoint of the guidebook, on legality. For example the minister of home affairs should always be given the opportunity to assess the effects of a privatisation for the legal position of civil servants, the minister of social affairs for the effects on pensions and labourconditions, et cetera. 2 The political and economic context States are recommended to limit their duties in order to perform fewer tasks better. Privatisation has been part of the political debate in the Netherlands since 1981. Elements of a centrally planned economy have been replaced by a market-oriented approach. Privatisation is supposed to generate a more effective management of the topic. The continuing integration as is foreseen in the legal policy of the EC, forces to increase competition. Growing competition is anyhow a characteristic of the international market. The government of the Netherlands has to cut back its redistributional role, which was rather large. Furthermore considerations with regard to allocation of resources and productive use of activa are relevant. The governmental administration is often stigmatised as a more or less ponderous body, slowing down the management of a topic instead of running it in a more economic way. By privatisation the obstacles, characteristic for governmental way of handling, vanish and make room for a more goal-oriented way of working. Making profit is not the main issue, but more or less the spin off, resulting from a more effective way of working. Privatisation might by the way reduce the complaints of private businesses about unfair competition by state-owned companies. Comparable considerations are decisive in leaving a number of organizations in the private sphere. Only some of their activities will be regulated by statutory law. This was the case for example with De Nederlandsche Bank N.V. (The Bank of the Netherlands, u.c.) and de Stichting Toezicht Effectenverkeer (Foundation Supervision Stake trading). In the end regulations are similar, be it to regulate a