VAN DER VLIESISTOTER/LUBACH Methodically speaking, safeguarding of public interest could be achieved by the following rules(from Acts or contracts); com petition creatingvalues Most cases of privatisation will need regulating by Acts, not only for the conversion Itself, but to keep certa in standards alive in the markets well. The necessary refining in the rules is dependent on the subject of the privatisations The public interest might be served by competition, but only under specific conditions. Even if the com petition is real, the public interest might need more guarantees. If privatisation leads to competition for the market only and not to competition in an open market, competition is in fact void. The choice between several candidates for the rights of a monopolised market might be real the first time the market is available fora temporarily concession, but that will certa inly not be the case the next time the concession will be put for auction in one way or another(for xample the case of the Netherlands railway infrastructure). The position of the company that got the concession in the first pace is almost unbeatable for other competitors in a second or next round Hierarchy as a safeguard includes supervision of a political authority ctions of a privatised company. Statutory law should regulate powers fora minister, who is made accountable. This construction can only respect privatisation and afeguard the public interest as well, if the supervision is not prohibitive to the development of the privatised company. Too close supervision might mock the privatisation. Notable is also the fact that nationalauthorities are losing their position in the ranking in favour of international authorities, in case of the Netherlands especially in favourof the EEC Hierarchy will then involve other political levels A reliable condition for safeguarding the public interest might be also the professionalism of the employees. Some companies or institutions cannot function without people with a high education, like hospitals. In such a case the public interest will probably not be damaged, while the standard of the services will be sufficient Professionals will likely develop values to mainta in the standards of their profession A combination of two or more methods of safeguarding is in most cases t 4.2 Checkpoints Reorganizing public and private responsibilities should always be started with the public interest in view. The best possible way to serve public interests should be the aim of such reorganisations. Though views on the best way to serve public interests, ght differ. the debate on the what of privatisations should not prohibit the levelopment of the best possible way how to do it. The WRR endeavours to contribute to good procedures in privatisations. It is for this reason, the WRR developed five main checkpoints for good governance in privatisation democratic legitimisation equity before the law, legal certaintVAN DER VLIES/STOTER/LUBACH 4 Methodically speaking, safeguarding of public interest could be achieved by the following: - rules (from Acts or contracts); - competition; - hierarchy; - creating values. Most cases of privatisation will need regulating by Acts, not only for the conversion itself, but to keep certain standards alive in the market as well. The necessary refining in the rules is dependent on the subject of the privatisations. The public interest might be served by competition, but only under specific conditions. Even if the competition is real, the public interest might need more guarantees. If privatisation leads to competition for the market only and not to competition in an open market, competition is in fact void. The choice between several candidates for the rights of a monopolised market might be real the first time the market is available for a temporarily concession, but that will certainly not be the case the next time the concession will be put for auction in one way or another (for example the case of the Netherlands railway infrastructure). The position of the company that got the concession in the first place is almost unbeatable for other competitors in a second or next round. Hierarchy as a safeguard includes supervision of a political authority over the actions of a privatised company. Statutory law should regulate powers for a minister, who is made accountable. This construction can only respect privatisation and safeguard the public interest as well, if the supervision is not prohibitive to the development of the privatised company. Too close supervision might mock the privatisation. Notable is also the fact that national authorities are losing their position in the ranking in favour of internationa l authorities, in case of the Netherlands especially in favour of the EEC. Hierarchy will then involve other political levels. A reliable condition for safeguarding the public interest might be also the professionalism of the employees. Some companies or institutions cannot function without people with a high education, like hospitals. In such a case the public interest will probably not be damaged, while the standard of the services will be sufficient. Professionals will likely develop values to maintain the standards of their profession. A combination of two or more methods of safeguarding is in most cases the best way. 4.2 Checkpoints Reorganizing public and private responsibilities should always be started with the public interest in view. The best possible way to serve public interests should be the aim of such reorganisations. Though views on the best way to serve public interests, might differ: the debate on the what of privatisations should not prohibit the development of the best possible way how to do it. The WRR endeavours to contribute to good procedures in privatisations. It is for this reason, the WRR developed five main checkpoints for good governance in privatisation: - democratic legitimisation, - equity before the law, - legal certainty