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Public Enterprises
Ekaterini Iliadou
Lecturer of Public Law at the Athens Law School
Public enterprises play a major role as a means of government intervention
in the economy. During the last decades, the legal framework of public
enterprises changed considerably, driven by aims towards higher economic
efficiency and under the influence of EU legislation. The revised legal
framework is supposed to help improving competitiveness in the EU single
market and attract new investment. In most sectors public enterprises operate
nowadays in the context of liberalized and restructured markets. Privatization
is imminent, especially in the current context of the economic crisis, but
considerable issues have been raised questioning continuation of public service
provision if privatization takes place. The aim of the book is to analyze in
depth the foundations of the legal framework ruling public enterprises. The
book starts by providing a formal definition of public enterprises under the
current legal framework and by evaluating the robustness of this definition
under various contexts and practices. The book further provides a taxonomy of
the legal rules regarding organization and management of public enterprises.
An analysis of the constitutional foundation of privatization is furthermore
included in the book. Within that framework, the book examines the trend
towards limiting the role of the state as an entrepreneur and the jurisprudence
of the Supreme Administrative Court (Council of the State), as regards the
question of setting constitutional barriers to privatizations. Finally, the book
proposes a theoretical framework addressing the question whether and to what
extent constitutional barriers to privatization exist and how judicial review
may be applied.
ISBN 978-960-562-511-5
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