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VAN DER VLIESISTOTER/LUBACH requirements for the activ ities of public authorities can be applied identically for private organisations representing public tasks. As discussed before also in this respect there can be a tension between the representation of the own interest of a ompany and the common interest that compamy has to represent (also ) Here can be referred at the development of the concept of general principles of fair company olicy. This concept is derived from the concept of the general principles of fair adm inistration but that does not imply that they are identical. Fair company poli can and shall in the situations we discuss in this paper be influenced by the fact that the company has to represent the common interest. Therefore the principles of fair adm inistration will have an im pact on what has to be regarded as fair company policy in een given case. The other way around the principles of fair company policy will have an impact on the implementation of a principle of fair adm instration in a given case because it is a private company representing the common interest. In still other situations the two types of principles will be fairly identical representing requirements applicable to the govemment organisation and private companies as burocratic organisations alike 5.5 Conclusions From what is said in the previous paragraphs one can conclude in Dutch law that ivate and public law give numerous opportunities to a public authority to influenc a private corporation representing public tasks. At the same time it is shown that there is an inherent tension between the structure of the corporation based on private law and thethe specific methods the govemment wants to use to influence the activities of the corporation representing public tasks. the key problem seems to be that on one hand the government wants to place the representation of apublic task at ome distance and on the other hand still wants to exercise influence In the role of a shareholder or supervisor the public authority tends to be more interested in of the specific activ ities of the company and the quality thereof than a regular official would be, putting the ba lance of powers between the different bodies within the company under pressure. Using the possibil ities of creating specific rules based on public law there is a immanent danger of uncleamess as to the nature of the structure of and the division of powers within the company. Sometimes resulting in organisations sui generis. Against a widespread use of such organisations, each different from each other should be wamed. In general one shoul consider to abstain from the use of legal persons bsed on public law in cases where is a substantive need or variations on the regular structure of such companies as stated in the Bw. In such cases specific organisations based on public law are preferable and doubts can be raised a bout the usefulness of privatisation a brief description of the process of privatisations 6.1 Privatisation as a policy started in the early eighties. Among the first privatisation s the privatisation of the inspection of weighs and measures, the state lottery and the pilotage occur. They can be seen as try outs for ater operations. From distinction between , eral topics where more explicitly dealt with, such as the realand quasi-privatisationVAN DER VLIES/STOTER/LUBACH 12 requirements for the activities of public authorities can be applied identically for private organisations representing public tasks. As discussed before also in this respect there can be a tension between the representation of the own interest of a company and the common interest that company has to represent (also). Here can be referred at the development of the concept of general principles of fair company policy. This concept is derived from the concept of the general principles of fair administration but that does not imply that they are identical. Fair company policy can and shall in the situations we discuss in this paper be influenced by the fact that the company has to represent the common interest. Therefore the principles of fair administration will have an impact on what has to be regarded as fair company policy in een given case. The other way around the principles of fair company policy will have an impact on the implementation of a principle of fair adminstration in a given case because it is a private company representing the common interest. In still other situations the two types of principles will be fairly identical representing requirements applicable to the government organisation and private companies as burocratic organisations alike. 5.5 Conclusions From what is said in the previous paragraphs one can conclude in Dutch law that private and public law give numerous opportunities to a public authority to influence a private corporation representing public tasks. At the same time it is shown that there is an inherent tension between the structure of the corporation based on private law and the the specific methods the government wants to use to influence the activities of the corporation representing public tasks. the key problem seems to be that on one hand the government wants to place the representation of apublic task at some distance and on the other hand still wants to exercise influence. In the role of a shareholder or supervisor the public authority tends to be more interested in of the specific activities of the company and the quality thereof than a regular official would be, putting the balance of powers between the different bodies within the company under pressure. Using the possibilities of creating specific rules based on public law there is a immanent danger of unclearness as to the nature of the structure of and the division of powers within the company. Sometimes resulting in organisations sui generis . Against a widespread use of such organisitions, each different from each other should be warned. In general one shoul consider to abstain from the use of legal persons bsed on public law in cases where is a substantive need for variations on the regular structure of such companies as stated in the BW. In such cases specific organisations based on public law are preferable and doubts can be raised about the usefulness of privatisation 6 A brief description of the process of privatisations 6.1 Privatisation as a policy started in the early eighties. Among the first privatisation s the privatisation of the inspection of weighs and measures, the state lottery and the pilotage occur. They can be seen as try outs for later operations. From then on several general topics where more explicitly dealt with, such as the distinction between real and quasi- privatisation
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