Public Services Concession in Slovenian Legislation

2016 ◽  
Vol 14 (3) ◽  
pp. 671-694
Author(s):  
Katja Drnovšek ◽  
Boštjan Brezovnik

Because of the public sector crisis, the role of the state in the provision of public service activities has been gradually changing ever since the 1980s, as the role of the financier in public infrastructure, as well as of the provider of public service activities, was increasingly being assumed by the private sector, while the state began to strengthen its role in the areas of regulation and supervision.With the involvement of the private sector in the so-called project financing of investments in construction of infrastructure and the consequent provision of public service activities, new and innovative forms of cooperation between the public and private sector (public-private partnership) have gradually been introduced as an addition to the already established concession and public procurement relationships. At the same time, states have in addition to classic (budgetary) financing gradually introduced new ways of financing public service activities, which enabled the repayment of investments in public infrastructure and reimbursement of (private) providers for goods delivered or services rendered (public goods). Undoubtedly, these forms of cooperation between the public and private sector call for regulation of certain complex issues. This article focuses on the examination of forms of integration between the public and private sector in the provision of public service activities in the framework of concession relationships.

2015 ◽  
Vol 40 (02) ◽  
pp. 309-344 ◽  
Author(s):  
Ben Crewe ◽  
Alison Liebling ◽  
Susie Hulley

Prison privatization has generally been associated with developments in neoliberal punishment. However, relatively little is known about the specific impact of privatization on the daily life of prisoners, including areas that are particularly salient not just to debates about neoliberal penality, but the wider reconfiguration of public service provision and frontline work. Drawing on a study of values, practices, and quality of life in five private‐sector and two public‐sector prisons in England and Wales, this article seeks to compare and explain three key domains of prison culture and quality: relationships between frontline staff and prisoners, levels of staff professionalism (or jailcraft), and prisoners' experience of state authority. The study identifies some of the characteristic strengths and weaknesses of the public and private prison sectors, particularly in relation to staff professionalism and its impact on the prisoner experience. These findings have relevance beyond the sphere of prisons and punishment.


2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Urška Milavec ◽  
Maja Klun

Measures to reduce administrative burdens are part of efforts to improve regulation quality. The aim of the research carried out in 2010 in the public and private sector was to determine whether their staff display different levels of familiarity with the measures and whether both sectors define the same groups of regulation as the most burdensome. The results indicated that information provision on measures to reduce administrative burdens in Slovenia is poor, particularly in the private sector, which is intended as the main beneficiary of these measures. Despite this, the private sector reported that regulation for small and medium-sized businesses had improved over the period in which measures to reduce administrative burdens had been implemented. The public sector assessed public procurement regulation as the most burdensome, while the private sector ranked employment regulations as the most burdensome.


2012 ◽  
Vol 52 (No. 9) ◽  
pp. 397-400
Author(s):  
R. Jurčík

Public-Private Partnerships (PPPs) are based on co-operation between the public and private sector. The reason for using it is a lack of public financial sources. For this reason, in most PPPs the management and financing of the project is entrusted to the private sector. In the Czech Republic, the widest development area for PPPs in the scope of the Ministry of Agriculture is probably water supply. The further areas for using of PPPs in the scope of this Ministry are the following: forestry, flood protection, adjustment of water flow, security of water sources, builging of the strategic foodstuff store. Important attempts have been made within the last year to increase the implementation of PPPs in water supply. These attempts are based on operation models similar to the BOT (Build Operate Transfer) and the DBFO (Design Build Finance Operate). In addition, the Czech Parliament adopted a law No. 139/2006 Coll., on concessions procedure and concession treaty which entered into force in July, 1<sup>st</sup>, 2006 and which brings the legal framework for realisation of the PPPs. There are some legal barriers which limited wide using of the PPPs. It is in the case of public-private venture companies (the limitation is&nbsp; in public procurement law). Public-private venture companies &ndash; which refer to the situation where both the private and the public sector holds equity, and, consequently, the company is controlled by the private as well as the public sector &ndash; should be the ideal form of PPPs in the areas which are in the scope of the Ministry of Agriculture.&nbsp;


1988 ◽  
Vol 17 (2) ◽  
pp. 145-157 ◽  
Author(s):  
Gilbert H. Bruns ◽  
I. Gayle Shuman

This study reviews the various leadership styles and their effect on productivity in the public and private sector. The general literature was related to police management and administration. A scale developed by Likert was administered to law enforcement personnel in the state of Arizona to determine their perception of their departments' organizational and performance characteristics. As a group, they characterized their organizations as being “benevolent-authoritative” while they were desirous that their organizational style be more participative.


2012 ◽  
Vol 40 (9) ◽  
pp. 1409-1418 ◽  
Author(s):  
Bangcheng Liu ◽  
Lanying Du ◽  
Hao Wen ◽  
Fan Bo

To investigate the public service motivation (PSM) of public- and private-sector employees in a Chinese context, comparative studies were conducted with 2 independent samples. In Study 1, confirmatory factor analysis was implemented to assess the level of PSM in 250 public employees. In Study 2, 247 respondents from private companies were evaluated. Results gained in these studies not only provided evidence supporting the construct validity of this measure of PSM in a Chinese context, but also demonstrated that, comparatively, public-sector employees' levels of PSM were relatively higher than those of private-sector employees, especially in relation to the attraction to public policymaking and commitment to public interest dimensions of PSM.


2020 ◽  
Vol 69 (2) ◽  
pp. 97-128
Author(s):  
Stephanie Prümer

Zusammenfassung Die Sicherung und Verbesserung der Arbeitsqualität gehört zu den Zielen der EU und der Bundesregierung. Die politischen Bemühungen werfen die Frage auf, ob der Staat als Arbeitgeber im Hinblick auf die Arbeitsqualität mit gutem Beispiel vorangeht. Mithilfe von repräsentativen Befragungsdaten vergleiche ich anhand einer Reihe wichtiger Kenngrößen die Arbeitsqualität im Öffentlichen und Privaten Sektor in Deutschland. Die Ergebnisse deuten darauf hin, dass die Arbeitszeitregelungen im Öffentlichen Sektor beschäftigungsfreundlicher sind als im Privaten Sektor. Auch arbeiten Beschäftigte im Öffentlichen Sektor seltener unter Druck. Mit Blick auf physische Belastungen und emotionale Belastung werden jedoch Qualitätsnachteile im Öffentlichen Sektor identifiziert. Aufgrund dieser uneinheitlichen Ergebnisse scheint eine Vorreiterrolle des Staates mit Blick auf die Arbeitsqualität nicht gegeben. Abstract: The State – a Better Employer? Job Quality in the Public and Private Sector in Germany The EU and the German government aim to secure and enhance job quality. These political efforts raise the question whether the state as an employer serves as a role model concerning job quality. Using representative survey data for Germany I compare job quality in the public and private sector. My results indicate that job quality in the public sector is higher in terms of working time regulations. Moreover, employees in the public sector work less often under pressure. Considering physical strains and emotional strain there are drawbacks in the job quality in the public sector. Due to these inconsistent results, the state seems not to be a role model when it comes to job quality.


1997 ◽  
Vol 4 (3) ◽  
pp. 195-202 ◽  
Author(s):  
HELEN PAYNE

Over the last few years several projects have been procured under the Private Finance Initiative, which brought with them some challenging, often novel, legal issues. A new statutory framework has been established creating new legal entities and regulating the powers and obligations of those new entities. The public procurement regime of the European Union has had to be carefully considered by both the public and private sector parties as failure by either to adhere to the strict rules and procedures can result in the imposition of sanctions. Attitudes to the way in which contracts are structured have had to change. The public sector had to step back from the more traditional involvement and control it has exercised in the past, and permit the private sector to come up with innovative solutions to the public sector's output requirements. The issues of force majeure and change of law have had to be looked at very closely and mechanisms for the sharing of the risk negotiated between the public and private sectors. A uniform approach to these legal issues would be welcomed along with some standarization of fundamental terms.


Author(s):  
George Nwangwu

This paper discusses stakeholder opposition risk. The analysis of project risks in Public Private Partnerships (PPPs) has traditionally focused more on political, construction, finance and other market-related risks with little attention paid to stakeholder opposition. The paper looks at the role of stakeholders in PPP projects and how they impact the success of projects, and contends that it is the misallocation of this risk to the private sector party, based on the principles of extant stakeholder theory that leads to public opposition to projects. Therefore, the stakeholder accountability theory is proposed as this approach properly recognizes the roles of both the public and private sector parties in the management of stakeholder opposition risk.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Moumita Acharyya ◽  
Tanuja Agarwala

PurposeThe paper aims to understand the different motivations / reasons for engaging in CSR initiatives by the organizations. In addition, the study also examines the relationship between CSR motivations and corporate social performance (CSP).Design/methodology/approachThe data were collected from two power sector organizations: one was a private sector firm and the other was a public sector firm. A comparative analysis of the variables with respect to private and public sector organizations was conducted. A questionnaire survey was administered among 370 employees working in the power sector, with 199 executives from public sector and 171 from private sector.Findings“Philanthropic” motivation emerged as the most dominant CSR motivation among both the public and private sector firms. The private sector firm was found to be significantly higher with respect to “philanthropic”, “enlightened self-interest” and “normative” CSR motivations when compared with the public sector firms. Findings suggest that public and private sector firms differed significantly on four CSR motivations, namely, “philanthropic”, “enlightened self-interest”, “normative” and “coercive”. The CSP score was significantly different among the two power sector firms of public and private sectors. The private sector firm had a higher CSP level than the public sector undertaking.Research limitations/implicationsFurther studies in the domain need to address differences in CSR motivations and CSP across other sectors to understand the role of industry characteristics in influencing social development targets of organizations. Research also needs to focus on demonstrating the relationship between CSP and financial performance of the firms. Further, the HR outcomes of CSR initiatives and measurement of CSP indicators, such as attracting and retaining talent, employee commitment and organizational climate factors, need to be assessed.Originality/valueThe social issues are now directly linked with the business model to ensure consistency and community development. The results reveal a need for “enlightened self-interest” which is the second dominant CSR motivation among the organizations. The study makes a novel contribution by determining that competitive and coercive motivations are not functional as part of organizational CSR strategy. CSR can never be forced as the very idea is to do social good. Eventually, the CSR approach demands a commitment from within. The organizations need to emphasize more voluntary engagement of employees and go beyond statutory requirements for realizing the true CSR benefits.


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