APPLICATIONOF ADMINISTRATIVELAW TOPRIVATZATIONS formerstate organization, or to regulate a traditionally private organization. Three main forms of privatisation are used to focus on the differences rejection: complete transition from the public sphere into the private sphere, be It gradually. Rejection can be achieved by selling a going concem to a private company or by selling stakes of which the state was the holder Contracting-out: production of a good or a service is entrusted to a private company, possibly with the transference of staff, liberation: a profitable stateactivity is transubstantiated into a legal and economic autonom ic body, which can be a private company oran agency under Rejection as such is in more com plicated cases introduced by a process of gradua lly withdrawal of the govemment, as is usual with the third kind. Outplacement regards a way of handlingonly; it does not need special legislation Controlling agencies Privatisation is regulated pe ough some general guidelines are now developed Standards and cont of actions by privatised companies have to be regulated. The methods to set rds are various and linked with the nature of the privatised activity In case of outplacement a fom of private control only might be sufficient. If liberation is at stake, it is largely preferable to lay down some noms in an Act and to charge a Supervisory Board with most of the assignments of ruling and controlling. Minister are deemed to be less fit for the details of these tasks, while they might be influenced by political preferences, with a potential to affect the functioning of the arket. To minimise the negative effects of ministerial interference, an agency could be charged with the power to control the companies in certain markets. To ensure an independent control, instituting an independent supervisory Board might be the best way. Boards usua lly have the authority to regulate, recommend certain policies and to impose an administrative sanction on the legal body or bodies within ts working field. Boards, composed of professionals, are granted with public law authority. Their decisions are contestable before the adm inistrative aw courts. Apart from these Boards, every legal person in private law shall have, in compliance with private law, its own organization that includes controlling committees The safeguarding of public interests 4/ Methods The Research Council for Govemment policies(WRR)dedicated a study on the effects of privatisations on the public interests. The main issue was, in the view of the WRR: the contribution of public and private responsibilities should be established with due respect for the obligation of the govemment to perform an overall responsibility for the public interest. What should be considered as the public interest Is changeable, due to intemational relations, the development of technology and olitical views. The preferences for certa in methods of safeguarding and weighing them are therefore also changingAPPLICATION OF ADMINISTRATIVE LAW TO PRIVATIZATIONS 3 former state organization, or to regulate a traditionally private organization. Three main forms of privatisation are used to focus on the differences: - rejection: complete transition from the public sphere into the private sphere, be it gradually. Rejection can be achieved by selling a going concern to a private company or by selling stakes of which the state was the holder. - Contracting-out: production of a good or a service is entrusted to a private company, possibly with the transference of staff, - liberation: a profitable stateactivity is transubstantiated into a legal and economic autonomic body, which can be a private company or an agency under public law. Rejection as such is in more complicated cases introduced by a process of gradually withdrawal of the government, as is usual with the third kind. Outplacement regards a way of handling only; it does not need special legislation. 3 Controlling agencies Privatisation is regulated per issue, though some general guidelines are now developed. Standards and controlling of actions by privatised companies have to be regulated. The methods to set standards are various and linked with the nature of the privatised activity. In case of outplacement a form of private control only might be sufficient. If liberation is at stake, it is largely preferable to lay down some norms in an Act and to charge a Supervisory Board with most of the assignments of ruling and controlling. Minister are deemed to be less fit for the details of these tasks, while they might be influenced by political preferences, with a potential to affect the functioning of the open market. To minimise the negative effects of ministerial interference, an agency could be charged with the power to control the companies in certain markets. To ensure an independent control, instituting an independent supervisory Board might be the best way. Boards usually have the authority to regulate, recommend certain policies and to impose an administrative sanction on the legal body or bodies within its working field. Boards, composed of professionals, are granted with public law authority. Their decisions are contestable before the administrative law courts. Apart from these Boards, every legal person in private law shall have, in compliance with private law, its own organization that includes controlling committees. 4 The safeguarding of public interests 4.1 Methods The Research Council for Government policies (WRR) dedicated a study on the effects of privatisations on the public interests. The main issue was, in the view of the WRR: the contribution of public and private responsibilities should be established, with due respect for the obligation of the government to perform an overall responsibility for the public interest. What should be considered as the public interest is changeable, due to international relations, the development of technology and political views. The preferences for certain methods of safeguarding and weighing them are therefore also changing