Legal Aspects of Privatisation: A Comparative Study of European Implementations

Передня обкладинка
Universal-Publishers, 2002 - 456 стор.
The main aims of this thesis are as follows:(a) To present a comprehensive analysis of the concept of privatisation its origins and limits, (b) To identify the legal and institutional framework for privatisation in different European countries from a comparative perspective; (c) To define and analyse particularly legal issues which arise during the privatisation transactions: e.g. labour law, competition law etc.; (d) To evaluate which features of the successful legal and organisational framework of privatisation have been successful so as to provide guidelines for those individuals and organisations participating in the privatisation exercises.This work found out that there is no simple, internationally applicable recipe for privatisation; various legal methods and techniques can be used to privatise state owned enterprises. Because each country has different circumstances, it is impossible to provide a unique model for privatisation; each country needs to design its own model according to its circumstances.Privatisation is an essential but insufficient element for structural economic reform in the economy and society. Privatisation is not a panacea, it is not the solution to every economic and administrative problem; selling an enterprise to the private sector does not mean an end to all problems. Also privatisation is not an overnight process or a magic touch; it will be a lengthy process. Furthermore, a decision that something can be privatised does not mean that it should be privatised.In that context, privatisation is not good or bad; it is an economic and social instrument. If it is well designed it may bring substantial benefits to the economy and society.In many countries, many state owned enterprises, particularly the ones which are financially weak, have still not been privatised. This finding revealed that the privatisation process will be in the political and economic agenda for at least few more decades.
 

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Зміст

INTRODUCTION
1
THE CONCEPT AND ITS ORIGINS
8
THE FACTORS
54
PERFORMANCE and OWNERSHIP
62
The AIMS and OBJECTIVES of PRIVATISATION
78
PRIVATISATION in the FORMER SOCIALIST COUNTRIES
92
CONCLUSIONS
109
CHAPTER II
114
LEGAL FRAMEWORK for PRIVATISATION
180
PRIVATISATION LAW
193
Specific Legislation
208
LEGAL METHODS of PRIVATISATION
231
CONCLUSIONS
268
CHAPTER IV
274
LABOUR LAW ISSUES DURING in PRIVATISATION
301
LEGAL RESTRICTIONS
330

Criticism on Privatisation 143 A General
143
CONCLUSIONS
156
CHAPTER III
166
INSTITUTIONAL MEASURES for PRIVATISATION
172
PRIVATISATION and the EUROPEAN UNION
349
GENERAL CONCLUSION FOR THE THESIS
370
Future of Privatisation
377

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Сторінка 14 - As soon as the land of any country has all become private property, the landlords, like all other men, love to reap where they never sowed, and demand a rent even for its natural produce.
Сторінка 13 - They have scarce ever succeeded. The profusion with which the affairs of princes are always managed, renders it almost impossible that they should. The agents of a prince regard the wealth of their master as inexhaustible; are careless at what price they buy ; are careless at what price they sell ; are careless at what expense they transport his goods from one place to another.
Сторінка 18 - I argued that liberal democracy may constitute the "end point of mankind's ideological evolution" and the "final form of human government," and as such constituted the "end of history.
Сторінка 13 - In every great monarchy of Europe the sale of the crown lands would produce a very large sum of money, which, if applied to the payment of the public debts, would deliver from mortgage a much greater revenue than any which those lands have ever afforded to the crown.

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