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Luca Schicho - State Entities in International Investment Law

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Luca Schicho

State Entities in International Investment Law

Series: Studien zum Internationalen Investitionsrecht

Volume 4 2012

Results in this title

Privatization agencies S. 75

„… comparatively difficult. D. Privatization agencies A category of State entities closely related to …” „… infrastructure and development agencies are privatization agencies. These are typically entrusted with …” „… involving a department of privatization298 and a public fund acting as a privatization agency.299 These …”

Infrastructure and development agencies S. 73-75

„… an attribution of conduct comparatively difficult. D. Privatization agencies A category of State …” „… entities closely related to infrastructure and development agencies are privatization agencies. These are …” „… economy. Examples include cases involving a department of privatization298 and a public fund acting as a …”

Public Private Partnerships S. 75-78

Political influence S. 62-68

„… State entities. For example, an investor who undertook an investment in the course of a privatization …” „… sector, in the course of privatization policies initiated in the early 1990ies. The claimant had …” „… interest” created to administer the privatization of Romanian State owned enterprises.259 The institution …”

Exercising elements of governmental authority S. 127-143

„… and applied the privatization test (subchapter 3.3.). Even though the entity was in the process of …” „… product) is more evident than in other cases involving State entities. 4) The privatization test …” „… authority. This approach could be described as “privatization test”, as it analyzes to what extent a certain …”

State enterprises S. 70-72

„… investor involved in a controversial privatization project, will often be particularly likely to result in …” „… private and State owned enterprises. Still other sectors may, due to privatization reforms, have been …” „… , others are being considered for further privatizations to reduce public spending.272 271 For example …”

Acting in official capacity S. 94-102

„… disputed privatization agencies were found to be State organs, their conduct would be attributable even if …” „… Poland. The Agreement provided for the purchase of shares in the course of the privatization of …” „… to a privatization process that would permit it to purchase majority control of PZU. These rights …”

Aims and objectives: the drive to expand S. 69-70

„… propagated “tough line” on a foreign investor involved in a controversial privatization project, will often …” „… may, due to privatization reforms, have been entirely “purged” of State enterprises. An interesting …” „… financial sector, have been renationalized, others are being considered for further privatizations to reduce …”

Table of Contents S. 9-12

„… agencies 73 D. Privatization agencies 75 E. Public Private Partnerships 75 F. Sovereign Wealth Funds 78 6 …” „… II: coercive and soft power? 131 3) Governmental functions or tasks 133 4) The privatization test …”

The structure: distinguishing between attribution rules S. 228-230

„… privatization policies and provide guidance for future privatization measures of that State. A further negative …”

The importance of State entities S. 39-42

„… of the State confronted with a rapid increase and sectoral expansion of privatization.131 In …” „… , 391, 404 (2005). 41 ticular, privatization has entailed an increasing delegation of tasks …”

Empowerment by law S. 123-127

„… in which the reasoning of the tribunal can be subsumed under two tests, the “privatization test”563 …” „… series of legislative measures, such as laws implementing the privatization process, which did not …”

Table of Abbreviations S. 13-14

„… International Law ANB National Dams Agency APAPS Authority for the Privatization and Management of the State …”

Influence based on public law S. 197-205

„… addressed the question whether the conduct of an entity charged with undertaking privatizations of former …” „… governmental authority, such as managing a privatization process, and at the same time retains significant …”

Conclusions S. 146-147

„… tentatively divided into the two categories, those using the privatization test and those using the framework …”

Acting in that capacity – exercising that authority S. 143-145

„… privatization test and the framework test should be used. As the two tests deal with two sides of the same coin …”

doi.org/10.5771/9783845236261

Haxhi Gashi - A Comparative Analysis of the Transformation of State/Social Property

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Haxhi Gashi

A Comparative Analysis of the Transformation of State/Social Property

Series: Schriftenreihe des Zentrums für Europäische Rechtspolitik der Universität Bremen (ZERP)

Volume 66 2013

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Privatization Process under the Privatization Agency of Kosovo S. 187-189

„… socially owned property since there is no law on privatization and/or restitution (denationalization …” „… ). Dispite the fact that there was an effort to adopt the law on denationalization and privatization of …” „… subject to privatization but the municipalities exercised the right of use. The old Law on Construction …”

Mass-Privatization (Voucher Privatization): The Involvement of the Citizens in the Privatization Process S. 68-69

„… privatized by them.73 However, looking at the whole process of privatization, employee ownership (shares) in …” „… the privatization process has been more limited than in other transition countries selected for …” „… analyses. 2.4.3 Mass-Privatization (Voucher Privatization): The Involvement of the Citizens in the …”

Mass-Privatization (Voucher Privatization): 'The Involvement of the Citizens in the Privatization Process S. 76-77

„… 76 2.6.2 Insider Privatization – MEBO: Employee Ownership in the Process of Transformation of …” „… state-owned company was transformed into a new company.134 Through indirect methods of privatization, such as …” „… mass privatization programmes and commercialization, the employees and managers were entitled to obtain …”

Mass-Privatization (Voucher Privatization): The Involvement of the Citizens in the Privatization Process S. 65

„… the MEBO system giving the possibility to employees of winning the tender of privatization …” „… ESOP programme could be used for privatization under the conditions that 40% of the enterprise …” „… with the purpose of repaying the loan.55 In general, the process of privatization in Hungary is …”

Insider Privatization: Employee Ownership in the Privatization Process S. 184-185

„… 184 6.7.4.2 Liquidation The second method of privatization of SOEs was the liquidation by which …” „… according to this model. It means that it was left only as a possibility.128 6.8 Insider Privatization …” „… : Employee Ownership in the Privatization Process As outlined earlier, the privatization model in Kosovo is …”

The Concept of Mass-Privatization (Voucher Privatization): The Involvement of Citizens in the Privatization Process S. 61

„… 612.2.2 The Concept of Mass-Privatization (Voucher Privatization): The Involvement of Citizens in …” „… the Privatization Process Voucher privatization is a method of transferring the enterprise with zero …” „… and other property in the privatization process. Mass privatization is designed to be applied for …”

The Concept of Privatization S. 38-41

„… /2009/02/privatization-overview-types-of.html> (last visited 12.05.2009). 52 Mitrofanskaya, 1998-1999, p …” „… 38 was no need to embark on a large scale privatization as a way out or response to economic crisis …” „… . Another argument against privatization was that it will increase income differences between the groups of …”

Arguments against Privatization S. 37-38

„… privatization-overview-types-of.html> (last visited 12.05.2009). 52 Mitrofanskaya …” „… programmes of privatization to attract foreign investment.41 In general, the support of privatization is …” „… property rights through privatization of state property will create an impact that property (capital) in …”

Arguments for Privatization S. 31-37

„… Market Economies 1.1 General Overview The power of ideology to promote privatization in the economic …” „… privatization of the key economic sectors,2 this had an impact on the treatment of the socialist economy as well …” „… . Privatization of economic sectors was the central element of the transition, as seen from a liberal point of …”

Privatization of SOEs S. 180

„… regulated in a centralized way. 6.7.3 Privatization of SOEs The KTA Regulation created the legal basis only …” „… for privatization of SOEs. The POEs were excluded from privatization. In addition to its authority for …” „… the administration of SOEs, for the purposes of carrying out privatization of such enterprises, the …”

The Question of the Privatization Model: The Critical Assessment of the Privatization Proposals S. 176-177

„… having more power in the decision-making regarding the privatization. 6.6.3 The Question of the …” „… Privatization Model: The Critical Assessment of the Privatization Proposals Legal challenges on privatization …” „… Yugoslavia under the concept of the Markovic Law, which favoured insider privatization giving to the …”

Privatization Methods without Restitution: The Economic, Social and Justice Impact on the Privatization Approaches S. 53-55

„… 53also have forced states to follow the slow path of privatization or change the methods of …” „… privatization in order to adapt to social and economic interests. 1.7 Conclusions The idea of transformation of …” „… privatization. On the other hand, state social property was anticipated as a common property perceived to be the …”

The Impact of Unresolved Political Status in the Privatization Process: The Lack of Debate on Privatization S. 166-168

„… , in practice, particularly in the privatization issue, different attitudes on the implementation of …” „… legislation are followed by respective bodies in the privatization process.25 Furthermore, at the request of …” „… the Special Chamber of the Supreme Court regarding the applicable law for the privatization UNMIK …”

Relations between Privatization and Restitution (Denationalization) S. 93-96

„… Privatization and Restitution (Denationalization) Restitution has been one of the most controversial issues of …” „… it an appropriate form for privatization. Restitution is considered as a way of correcting injustice …” „… Implementing restitution raises questions: how one should treat the former owners’ rights before privatization …”

Legal Challenges Regarding Privatization of SOEs S. 173-176

„… of economic revitalization was the privatization and modernization of SOEs.62 Although it was the …” „… From time to time, the privatization process was and still is criticized by Kosovars because it started …” „… privatization and transparency.65 The economic and budgetary relations were a reserved power of UNMIK, as also …”

Privatization of Socially Owned Property in Kosovo S. 160-161

„… laws on ownership transformation of SOEs were implemented by carrying out the privatization from 1991 …” „… with nontransparent and discriminatory procedures121 excluding from the privatization process the …” „… : Privatization of Socially Owned Property in Kosovo 6.1 Background Kosovo’s privatization process is …”

Why Different Methods of Privatization are Used? S. 57-59

„… 57method of restitution. On the other hand, mass privatization was not used because FYR Macedonia …” „… favoured sales of assets to inside or outside investors. The various methods of privatization are the …” „… the other hand, differences in using privatization methods are dependent on the economic conditions of …”

Aims and Objectives of Privatization in Post-Communist Transformation S. 41-42

„… institutions to democracy and a free market of Western style.73 1.4 Aims and Objectives of Privatization in …” „… competitive market players.74 Viewed from the economic perspective, the basic goal of privatization is to …” „… privatization is the redefinition of ownership by turning state property into private property. Goals and …”

The Dilemma of the Employee Ownership in Privatization S. 51

„… 511.6.3 The Dilemma of the Employee Ownership in Privatization Privatization includes the issue of …” „… lobbied for their rights during the privatization process due to the transfer of control from the council …” „… involved former employees and managers in the privatization process giving them the right of distribution …”

Resolving Disputes Regarding Employees’ Rights during Privatization of Property S. 195-196

„… the Fund of Serbia. On the other hand, proceeds received from privatization of SOEs under the KTA are …” „… deposited in the Privatization Fund which prima facie is allocated for compensation of creditors’ or owners …” „… privatization strategy in Kosovo that does not envisage any Development Fund or Privatization Fund, but …”

Resolving Ownership Disputes During Privatization: The Lack of Treatment of Restitution S. 189-191

„… mistake that needed be resolved as soon as possible in order to put the privatization process in line with …” „… deal with is the liquidation process, a part of the legal challenges of privatization. It needs to …” „… during 1989-1999, distribution of Privatization Fund for compensating the valid claims, and also the …”

A Brief Summary of Arguments in favour of and against Privatization S. 38

Economic Environment: Ruined Economy and Low Living Standards During the Privatization Process S. 168-170

„… 168 that the role of investors in the privatization process was a crucial factor for the successful …” „… privatization process towards economic development. For Kosovo, it was not the case. The Minister of Economy and …” „… impact on attracting foreign investors. But there was no other choice as privatization was a necessary …”

Insider Privatization – MEBO: Employee Ownership in the Process of Transformation of Property S. 73-74

„… privatization. Converting into the German Mark the Treuhand has spent DM 275 billion. Government loans amounting …” „… privatization, restructuring, development and closure of enterprises.113 The privatization agency has been free …” „… favourable. The Treuhand has argued that while other criteria of privatization are taken into account (the …”

Insider Privatization – MEBO: Employee Ownership in the Process of Transformation of Property S. 67-68

„… ownership transformation than other countries of the region.65 The privatization process is divided into the …” „… following stages: restitution, small privatization and large privatization. Restitution – represented a form …” „… of privatization that was envisaged to return the property of former owners whose property was …”

Insider Privatization – MEBO: Employee Ownership in the Process of Transformation of Property S. 64-65

„… the communist regime. For these purposes privatization coupons were issued. Privatization through sale …” „… for cash – This phase began with the passing of a new Law on Privatization in 1995. The purpose of the …” „… law was to create a different climate of privatization in order to suspend mass privatization and sell …”

Insider Privatization – MEBO: Employee Ownership in the Process of Transformation of Property S. 76

The Concept of Insider Privatization – MEBO: Employee Ownership in the Process of Transformation of Property S. 59-61

„… 59many).19 On the other hand, some states allowed early spontaneous privatization20 or inside …” „… privatization, but later, due to economic development obstacles, applied the sale of property to strategic …” „… privatization on a large scale, based on the concept of self-managing of enterprises by the workers. These …”

Establishment of a Free Market, Creation of Competition and Ensuring the Transparency of the Privatization Process S. 46-48

„… of Competition and Ensuring the Transparency of the Privatization Process Although privatization …” „… proponents argue for the benefits of privatization, to achieve this, some prerequisites are required so that …” „… privatization process and amongst the most important ones is transparency, constraining and combating corruption …”

Bibliography S. 225-235

„… . Galcagno, Peter T, Hefner, Frank & Dan, Marius, Restructuring before privatization-Putting the cart before …” „… Szamuely (eds.), Privatization in the transition process: Recent experiences in Eastern Europe, Geneva 1993 …” „… ), Pristine 2006. Arakelyan, Vazgen, Privatization as a means to property redistribution in Republic of …”

Croatia S. 82-86

„… legislation of Slovenia, there has been a small space for investors to participate in the privatization of …” „… SOEs. Although the method of sale was provided by the law, privatization plans prepared by each company …” „… favoured other methods, among which the insider privatization was the most preferred one. The sale of …”

Contents S. 11-18

„… into Private Property 31 1.2.1 Arguments for Privatization 33 1.2.2 Arguments against Privatization 37 …” „… 1.2.3 A Brief Summary of Arguments in favour of and against Privatization 38 1.3 The Concept of …” „… Privatization 38 1.4 Aims and Objectives of Privatization in Post-Communist Transformation 41 1.5 Preconditions …”

General Conclusions S. 206-224

„… Yugoslavia. 7.5 Conclusions Privatization in Kosovo has generated many conflicts of interests over property …” „… creditors’ ownership claims that benefited during the privatization undertaken under the discriminatory …” „… ’ ownership claims and the claimants who are not able to prove their claims that privatization was undertaken …”

Lack of a Unique Method of Transformation of Property S. 55-57

„… 55Chapter 2: Privatization Methods without Restitution: The Economic, Social and Justice Impact on …” „… the Privatization Approaches 2.1 The Experiences of Post-Communist States in the Choice of …” „… Privatization Methods 2.1.1 Lack of a Unique Method of Transformation of Property While privatization of state …”

Background S. 74-76

„… To sum up, Germany is a unique case of privatization because the MBO method was implemented on a …” „… other hand, the voucher privatization method was not planned to be used as a privatization method …” „… . Almost the whole concept and process of privatization, with the exception of restitution, was based on …”

Slovenia S. 78-82

„… 78 gramme was the privatization of social property as an attempt to open the path to a free market …” „… reforms and privatization. The transformation of property has not been completed after more than a decade …” „… will focus on the transformation of property through privatization in three states: Slovenia, Croatia …”

Background S. 62-64

„… given to privatization: bringing a higher price from the sale of property or to continue the enterprise …” „… trends of privatization began on 1 July 1990 when Hungary enacted legislation for the transformation of …” „… state property into corporations and then privatization.34 For the privatization process the state had …”

FYR Macedonia S. 86-90

„… for Privatization to implement the sale of property to outsiders (domestic or foreign investors). The …” „… sale of enterprise shares remained in the portfolio of the Agency and privatization was carried out by …” „… provided by law, even though the privatization plans were to be prepared by enterprises or by the Agency …”

Introduction S. 21-30

„… 21Introduction Privatization of state and social ownership was the biggest political, economic and …” „… with a market economy.2 In this regard, the privatization of socialist property and the strengthening …” „… involved in the privatization process be respected? What does the experience of the countries in transition …”

Dilemmas About Restitution S. 49-51

„… that privatization will reduce the employment rate, since private owners will see workers as surplus …” „… In general, the fear of privatization was related to the economic effects that will be produced after …” „… privatization and that privatization could produce negative results.125 On the other hand, the early debates …”

Sale of Assets to Outsiders – Domestic or Foreign Investors S. 71-73

„… Special Investments in the GDR (hereinafter the Investment Law).97 During the privatization process …” „… several amendments to the Law on the Privatization Agency were made, and subsequently, several laws were …” „… passed to increase investments and privatization in the important economic sectors, for separation of …”

Background S. 161-162

„… 161 Chapter 6: Privatization of Socially Owned Property in Kosovo 6.1 Background Kosovo’s …” „… privatization process is distinguished from other post-communist countries in the sense that the privatization …” „… of property began some 15 years later and in more specific circumstances. The privatization process …”

Background S. 66-67

„… privatization by 1993.57 By the end of 2000, only a handful of companies were still state-owned. The …” „… Republic 2.4.1 Background The economic reforms and the ownership transformation and privatization in the …” „… reforms and radical ownership transformation and privatization.59 The implementation of reforms required …”

Sale of Assets to Investors S. 180-184

„… Agency: (1) have performed acts that allow the Agency to cancel a privatization-related tender in …” „… privatization-related tender conducted by the Agency; or (3) have withdrawn from their position as the winning bidder …” „… under a privatization-related tender more than one time, through the failure to deposit the amount of …”

Political and Economic Stability S. 42-44

„… Successful Privatization Process and Achieving its Goals: Institutional Changes for Supporting a Market …” „… Economy One of the most important arguments for privatization is considered to be the lack of efficiency …” „… hands can be more efficient, then for the privatization process to be successful, it is not only …”

The Conflicts Between Rapid and Gradual Reforms S. 51-53

The Concept of Sale of the Assets to Outsiders – Domestic or Foreign Investors S. 61-62

Sale of Asset to Outsiders – Domestic or Foreign Investors S. 65-66

Transformation of Property through Restitution as a Solution for the Protection of Property Rights of Former Owners: The Experience of Several Post-Communist Countries S. 90-93

„… giving to creditors a shares’ certificate as a method of privatization to outsiders. The sale of all …” „… made in the privatization and post-privatization sale.204 This privatization method of FYR Macedonia on …” „… not exist. The privatization experiences of the countries that are subject to this analysis show that …”

Sale of Assets to Outsiders – Domestic and/or Foreign Investors S. 69-70

„… 69CSK 278 billion accounted for the vouchers distributed. The mass privatization has included state …” „… property in industry, agriculture and trade sector.81 In the first and second wave of privatization from …” „… 1991 to 1994, 988 companies were involved in the mass privatization through vouchers.82 Mass …”

Background S. 172-173

„… economy because no one was interested in investing in such property without privatization and creating a …” „… could be a better model than privatization because it could regenerate the capital and save jobs, and by …” „… the time when Kosovo will be more attractive to investors, it could envisage privatization programmes …”

Background S. 70-71

„… 70 2.5 Former East Germany 2.5.1 Background The process of privatization in the former East …” „… foreign countries, were reserved only for some commercial state-owned enterprises.89 The privatization …” „… Act and established the Treuhandanstalt as a privatization agency (hereinafter the Treuhand).90 After …”

The Czech Republic S. 99-102

„… parallel with the privatization process had also begun to address the rights of former owners. Because …” „… partially. This process was implemented by issuing privatization coupons to enable former owners to buy …” „… shares in the companies subject to privatization. Hungary did not allow the return of property in kind …”

Establishment of the Kosovo Trust Agency: The Legal Status and its Function S. 177-179

„… investors. It contained the proposal for the establishment of a Privatization Fund, similar to the …” „… Development Fund in other post-communist countries where proceeds from privatization went. The idea of this …” „… proposal rested on arguments that this kind of privatization would be in line with applicable law in Kosovo …”

Poland S. 105-108

„… restitution over privatization and has begun settling the property rights of former owners. But only one year …” „… to privatization as it realized that restitution claims were an obstacle to the privatization process …” „… . Taking this position was important to proceed with privatization for social purposes, while former owners …”

The Conflicts of Interests Need to be Resolved S. 48-49

„… How to Privatize? Conflicts of Interests in the Privatization Process 1.6.1 The Conflicts of Interests …” „… transforming the economy and privatization of state property. Communism’s collapse presented the socialist bloc …” „… for privatization, the path of privatization was unclear.123 The question arises how to resolve …”

Socially Owned Apartments and Construction Land S. 186-187

„… only for use and presumably remained in state ownership. However, the privatization law does not …” „… the land; they were only the user. Thus, even though privatization of SOEs aimed to privatize this …” „… privatize such apartments. The Kosovo Law on Privatization of Socially Owned Apartments should undoubtedly …”

Resolving Property Disputes Regarding the SOEs Transformed during the Milosevic Regime 1989-1999 S. 192-195

„… action during the privatization of property. The Court is composed of five judges, three of whom have to …” „… by the law and the delayed decision-making on privatization matters.9 Its work is questioned also for …” „… complicated mattes of privatization without experience and support of the international judges. It should be …”

Former East Germany S. 102-105

„… it had slowed down the privatization process restitution had priority vis-à-vis privatization. The …” „… same time as with privatization, and it has tried to find a fair balance between the two …” „… – privatization and restitution. However, the restitution programme contained some limitations which are …”

Legal Framework: Diffused Legal Bases S. 164-166

„… after 22 March 1989, particularly the laws on privatization and restitution passed by Serbia enabling …” „… many people to acquire property rights.20 Any legislation dealing with privatization was not provided …” „… Serbian Law on Privatization of Flats (Apartments) of 1992 or Law on Restitution etc. Even though …”

General Overview S. 77-78

„… the preferred ones and was introduced in the privatization strategy and laws to attract strategic …” „… investors. It found wide application in the privatization of SMEs.141 Despite other methods of privatization …” „… , both indirect and direct privatization put forward the plan for sale to strategic investors. According …”

Legislative Changes: The Open Door to a Free Market and its Harmonization with International Standards Ensuring Competition S. 44-46

„… 44 thermore, to achieve success in the privatization process, there is a close relationship between …” „… . Also, prior to the implementation of privatization it is necessary to develop the capital market as one …” „… of the institutions in supporting the privatization process, which would among others, serve for …”

Research and Study Reports S. 236-237

„… , Privatization and post-privatization in Kosovo: Study Report, Pristine 2008. Forumi 2015, Privatization and …” „… post-privatization in Kosovo: Research Report, Pristine 2004. International Monetary Found (IMF), Privatization in …” „… Privatization of Socially Owned Property: A critical outline of the present privatization process in Kosovo …”

Administration of POEs and SOEs S. 179-180

„… privatization process and any objection regarding their ownership could not be infered to in the process. To …” „… clarify the privatization process, the KTA Regulation was amended in 2005 and has given an impetus to go …” „… forward with privatization, even though some claims regarding transformation during the Milosevic regime …”

Slovenia S. 108-110

„… issue of privatization and restitution simultaneously. Restitution was part of the package of laws on …” „… ownership transformation. The mass privatization programme was characterized in Slovenia by the …” „… in the privatization process. The ownership of former owners has taken a specific focus because the …”

Hungary S. 97-99

„… the privatization process, whilst the restitution issue was left to be treated by offering …” „… privatization process.30 Hungary differs from some other post-communist countries because it has not allowed the …” „… participation in privatization paid at a fixed percentage rate that depended on the value of the property seized …”

The Establishment of the Special Chamber S. 191-192

„… 191 Chapter 7: Resolving Ownership Disputes During Privatization: The Lack of Treatment of …” „… any property right to challenge the KTA and the PAK decisions for privatization. On settlement of the …” „… from the Agency’s actions in relation to the administration and privatization of the enterprises.2 The …”

Commercialization of SOEs S. 171-172

„… York regarding the mandate of UNMIK to deal with privatization. Some key aspects of such a proposal …” „… considered as an interim phase towards privatization. It was not privatization but the SOEs were given in …” „… , BSPK, 2010. He pointed out that privatization was supported by the employees. However, they were not …”

Croatia S. 110-113

„… post-communist country in which privatization began along with the treatment of property restitution issue of …” „… former owners. The Denationalization Law is one of the first laws passed before the Law on Privatization …” „… privatization reforms since it was part of the former Yugoslavia, restitution took place after the country …”

FYR Macedonia S. 113-116

„… the transition process. The return of property was an integral part of the strategy of privatization …” „… process continued after its independence. The main focus was on conducting privatization by leaving …” „… Macedonia continued with the implementation of the privatization process, despite the fact that there were …”

The Question of Administration of SOEs S. 170-171

„… not the case. The model of privatization is based on the sale of assets to investors. The model of …” „… privatization is criticized by employees, respectively their representatives that did not provide any favourable …” „… Privatization under the UNMIK Authority As UNMIK was responsible for the administration of Kosovo, the economic …”

Opportunities of Resolving the Restitution Problem S. 204-206

„… . Construction land on the other hand is still not yet an object for privatization, but residential buildings and …” „… Yugoslavia, and Communist Yugoslavia. 7.5 Conclusions Privatization in Kosovo has generated many conflicts …” „… have arisen regarding the creditors’ ownership claims that benefited during the privatization …”

General Overview S. 31

The Influence of International Instruments for the Protection of Private Ownership in the Process of Transformation of Property: Its Effects in Cases of Restitution S. 116-119

„… Macedonia as a post-communist country has given priority to privatization over restitution. The …” „… privatization process started in 1993, while the restitution issue was not addressed until 1998 when the …” „… compensation were bonds issued by the state which could be used to purchase the shares in the privatization …”

Transformation of Social Immovable Property: The Right to Use the Land for 99 Years S. 185-186

„… claims in the proceeds received from privatization of SOEs.129 This formula is a kind of consensus in …” „… reaching social consensus. This approach was arguable and legitimate because the insider privatization …” „… privatization proceeds, is less favourable for employees. 6.9 Transformation of Social Immovable Property: The …”

Overview S. 96-97

„… with the privatization process. The models of tackling the problem were different among the …” „… , which have started and continued with the privatization and still have not yet resolved the rights of …” „… to privatization and restitution. Some states have given priority to privatization and have …”

Background S. 139-140

„… in other transition countries is known as the Agency for Privatization, with a mandate to privatize …” „… of competences to the institutions of the Republic of Kosovo, the Privatization Agency of Kosovo …” „… privatization.8 Since the beginning of privatization of social property many questions have emerged. Among the …”

Background S. 196-197

„… applicable law.26 The SOEs have not respected that decision because they were in the process of privatization …” „… not liable for the employees dismissed at the time. It seems that the privatization and the labour law …” „… given priority to restitution before privatization such as the Czech Republic, some like Ger …”

The Lack of Legal Framework for Resolving the Restitution Issue S. 197-198

„… 197many to privatization, and others like Slovenia and Croatia treated it at the same time with …” „… privatization.30 Despite there was not being any legal basis which addresses the restitution issue in Kosovo …” „… the Restitution Issue Privatization of social property in Kosovo still does not involve the …”

Establishment of Socialist Ownership and Agrarian Reforms S. 140-144

„… countries is known as the Agency for Privatization, with a mandate to privatize the SOEs and restructure …” „… institutions of the Republic of Kosovo, the Privatization Agency of Kosovo (hereinafter PAK) was established as …” „… a successor of the KTA to continue ownership transformation and privatization.8 Since the beginning …”

Overview S. 191

Sale of Assets to Outsiders – Domestic and/or Foreign Investors S. 77

Legal Acts S. 238-243

„… Privatization Agency of Kosovo, approved by the Assembly of Kosovo on 21.05.2008 and published on 15.06.2008 …” „… , OG of Croatia, No. 27/91. Croatian Law on Privatization, OG of Croatia, No. 21/96. Croatian Law on …” „… of Macedonia, Nos. 19/96 and 25/99. Macedonian Law on Privatization of State Capital of Enterprises …”

UNMIK Administration S. 162-163

„… SOEs. This chapter will answer the following questions in the context of the privatization process: 1 …” „… standard, 3) the question of privatization under UNMIK authority and the consequences of dual institutions …” „… in the process, 4) the question of privatization under the KTA, 5) the model of privatization and its …”

Acknowledgements S. 9-10

„… Germany for his recommendation of the relevant literature on privatization in Germany and to Professor …” „… international officials and players in the privatization process in Kosovo, and the representatives of the …” „… . The former and current officials at the Privatization Agency of Kosovo, and others were also very …”

The Difficulties of Resolving the Issue of Restitution of Former Owners S. 198-200

„… property. Such properties recovered during this period are not subject to privatization by the PAK. However …” „… privatization of social property, do not foresee the possibility of restituting the property to the former …” „… restitution can slow down or even halt the privatization process due to the difficulties in resolving property …”

The Negative Effect of the Lack of Legal Framework S. 198

Some Legal Arguments for Identification of Social Property as State Property S. 157-159

„… later be the cause of certain privatization models that favoured employees and where the state got a …” „… property. According to the Law of Kosovo Privatization Agency, Sections 1 and 5,114 the state through this …” „… , . 114 Kosovo Law No. 03/L-067 on the Privatization Agency of Kosovo, approved by the Kosovo …”

Titelei/Inhaltsverzeichnis S. 2-6

„… Case of PrivatizationNomosBUT_Gashi_0726-3.indd 3 05.07.13 09:581. Edition 2013?Nomos …” „… State/Social PropertyPrivatization and Restitution in the Post-Communist Countries - Kosovo as a sui generis …”

Abbreviations S. 19-20

„… Interim Administrative Structure JSC Joint Stock Companies KPA Kosovo Privatization Agency KIPRED Kosovar …” „… Co-operation in Europe PAK Privatization Agency of Kosovo PIF Privatisation Investment Fund 20 PISG …”

The Status of Social Property in Kosovo from 1989 to 1999 S. 159-160

„… the privatization from 1991 with nontransparent and discriminatory procedures121 excluding from the …” „… privatization process the majority of the population of Kosovo. 5.7 Conclusions The development of the social …”

Conclusions S. 135-138

„… . PART II: Transformation of Social Property in Kosovo: Kosovo as a Sui Generis Case of Privatization …”

The Need to Resolve the Restitution of Property of the Former Owners S. 203-204

„… privatization. However, Kosovo must commence resolving this serious problem in order to respect the right to …”

Legal Concept S. 154-157

„… later be the cause of certain privatization models that favoured employees and where the state got a …”

Documents to Verify the Ownership Title S. 200-203

„… privatization. However, Kosovo must commence resolving this serious problem in order to respect the right to …”

doi.org/10.5771/9783845249650

Ines Verspohl - Health Care Reforms in Europe

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Ines Verspohl

Health Care Reforms in Europe

Series: Schriften zur europäischen Arbeits- und Sozialpolitik

Volume 10 2012

Results in this title

Conclusion Privatization S. 290-291

„… privatization of access to care exist: groups of patients or goods and services can be excluded from the public …” „… last of the uninsured in 2006 and 2007 respectively. Hence, privatization of the health care risk for …” „… equal. 8.2.4 Conclusion Privatization Private funding, provision and access always existed in the three …”

Provision S. 287-288

„… continental model. 8.2 Privatization The market idea proclaims that private providers can offer goods and …” „… outsourcing of goods and services from the public care basket privatizes access to care. Hence, privatization …” „… , privatization would result either in self-governance and corporatism, or in anarchy, which did not happen in any …”

Funding S. 288-290

„… not-for-profit hospitals existed. However, in this debate, privatization means profitisation. All countries …” „… enabled this privatization wave without a public debate. Private, for-profit hospitals had always existed …” „… , privatization was a central precondition to introduce competition. The share of physicians working in private …”

Volume and Expenditures S. 291-293

„… . In Germany, all three dimensions experienced privatization, although without a coherent plan. Funding …” „… budgets. The latter also led to privatization of hospitals, either to sell them to private investors, or …” „… , nor in institutions. Table 13: direction and result of privatization Germany Netherlands Sweden …”

Conclusion Competition S. 286-287

„… more like to the continental model. 8.2 Privatization The market idea proclaims that private providers …” „… to care. Hence, privatization is compared in the three dimensions of provision, funding, and access …” „… . In the governance dimension, privatization would result either in self-governance and corporatism, or …”

Conclusion Convergence S. 296-298

„… should maintain solidarity. However, the story of hospital privatizations shows that re-regulation is …” „… privatization. The Swedish system is still characterised by public planning, tax-funding and public providers …” „… losses of votes. Nonetheless, privatization and competition reforms decreased equality. In Germany, the …”

Access and equality S. 290

Hospitals S. 261-266

„… billion per year. 7.7.2 Hospitals De-hospitalization and privatization characterize the development of …” „… the reimbursement was thus the key-condition for privatization of the hospital sector. The principle …” „… available. 264 The hospital sector experienced radical privatization, driven on the one hand by the …”

List of Figures S. 13-14

„… ................................................................. 256 Graphic 16: Privatization under public ownership …” „… forms of remuneration of doctors ................... 83 Table 3: Privatization in the four dimensions …” „… and result of privatization ................................................. 291 Figure 1: Third …”

Access S. 84-86

„… quality themselves. Competition between providers and privatization of providers are not necessarily …” „… detailed analysis of privatization and change in national health care systems. In all of these four …” „… change can occur in the different dimensions. Table 3: Privatization in the four dimensions Social …”

Hampered implementation S. 303-305

„… the gatekeeper model. In Germany, the market idea legitimized the privatization of hospitals. Private …” „… , but change the legal framework for future decision, as the in the 304 case of the privatization of the …” „… , the establishment of a pharmacy by a company, and the privatization of a hospital in Sweden were met …”

Conclusion methodology S. 86-88

„… dimensions governance, funding, provision, and access allows for a detailed analysis of privatization and …” „… dimensions. Table 3: Privatization in the four dimensions Social Health Insurance National Health …”

Conclusion Access S. 273-274

„… shortly tried to establish a direct market for dental care. As this short list shows, privatization and …” „… reforms of the last 20 years increased privatization and competition, they did no create the link between …”

Solidarity S. 293-294

„… 293 The pressure is especially high on private clinics. As the case of Germany shows, privatization …” „… of provision and choice for patients that could be met. As with privatization, the competition …”

Remuneration S. 82-84

„… 82 beyond the scope of the case studies. Another way of privatization is outsourcing of non-medical …” „… providers and privatization of providers are not necessarily linked. Private hospitals can compete with each …”

Functionalist retrenchment S. 274-276

„… , privatization and competition were only rarely linked. The neo-liberal idea would have offered the ideational …” „… contracts. Although the reforms of the last 20 years increased privatization and competition, they did no …”

The role of the state S. 294-296

„… , state governance should maintain solidarity. However, the story of hospital privatizations shows that …” „… for privatization. The Swedish system is still characterised by public planning, tax-funding and …”

Competition for members S. 279-282

„… . Instead, policy makers used two market instruments to increase efficiency: competition and privatization …” „… part privatization in the three countries, with both including the corresponding regulations to hedge …”

Titelei/Inhaltsverzeichnis S. 2-12

„… 8.2 Privatization 287 8.2.1 Provision 287 8.2.2 Funding 288 8.2.3 Access and equality 290 8.2.4 …” „… Conclusion Privatization 290 8.3 Assessment 291 8.3.1 Volume and Expenditures 291 8.3.2 Solidarity 293 …”

Other actors S. 227

„… privatization. A private market is closer to the old ideal of the liberal medicine and promises higher revenues …”

Drift - Change without reform S. 305

„… , the establishment of a pharmacy by a company, and the privatization of a hospital in Sweden were met …”

Adapted solutions S. 302-303

„… privatization of hospitals. Private management should be more efficient them municipality bureaucracy. As …”

Institutional path-dependency S. 276-277

„… market can become a real danger to the social policy goals of health care, as the cases of privatization …”

Market idea S. 277-278

„… cases of privatization of hospitals and credit funding showed. More research on the effects of the …”

Overall conclusion S. 308-310

„… social insurances even increased solidarity, whereas the privatization of funding and hospital investment …”

Conclusion Structuralism S. 29-30

„… privatization of public industries, what stands out is the relative stability of the welfare state." (Pierson …”

Private Insurances S. 227-228

„… privatization. A private market is closer to the old ideal of the liberal medicine and promises higher revenues …”

Provision S. 81-82

„… case studies. Another way of privatization is outsourcing of non-medical services like cleaning …”

Conclusion Provision S. 200-201

„… government did not influence the privatization process. Despite the official rhetoric of less privatisation …”

Conclusion Provision S. 269-271

„… private, for-profit providers and has thus not been radically privatized. The privatization of public …”

Governance S. 77-79

„… , price negotiations, for-profit providers, and demand steering. In public debates, the privatization of …”

Benefit package S. 271-273

„… dominated by private, for-profit providers and has thus not been radically privatized. The privatization of …”

Impact of the EU S. 305-307

„… , the establishment of a pharmacy by a company, and the privatization of a hospital in Sweden were met …”

Pharmaceuticals S. 198-200

„… Councils. The political colour of the national government did not influence the privatization process …”

Mediated problems S. 299-302

„… , expected path-dependent reforms, maintaining the divergence. The analysis of competition and privatization …”

Three forms of new institutionalism S. 30-34

„… relations policy, macro-economic policy or the privatization of public industries, what stands out is the …”

Ambulatory care S. 257-261

„… patients, the IGeL, account for one billion per year. 7.7.2 Hospitals De-hospitalization and privatization …”

Devolution S. 182-188

„… different forms is necessary. I distinguish between competition and privatization. Competition is …”

Ideas in health care S. 38-45

„… of individual hospitals and establish competition between them. Next to competition, privatization is …”

Privatisation S. 188-196

„… different forms is necessary. I distinguish between competition and privatization. Competition is …”

Reform discourse S. 221-227

„… privatization. A private market is closer to the old ideal of the liberal medicine and promises higher revenues …”

Biobliography S. 311-328

„… . (2004). The Choice Revolution: Privatization of Swedish Welfare Services in the 1990s. Social Policy …”

doi.org/10.5771/9783845235370

Loïc Cadiet, Burkhard Hess, Marta Requejo Isidro - Approaches to Procedural Law

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Loïc Cadiet (ed.), Burkhard Hess (ed.), Marta Requejo Isidro (ed.)

Approaches to Procedural Law

Series: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Volume 9 2017

Results in this title

Juliana Pondé Fonseca The Changing Role of Courts between the Privatization of Adjudication and the Privatization of Procedure S. 145-172

„… On the Role of the Courts The Changing Role of Courts between the Privatization of Adjudication …” „… and the Privatization of Procedure Juliana Pondé Fonseca* Introduction: Privatizing Adjudication and …” „… process has generally been called “privatization of adjudication”. The phenomenon takes on different …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Christoph A. Kern 5 On the Role of the Courts 145 The Changing Role of Courts between the Privatization of …” „… Adjudication and the Privatization of Procedure 147 Juliana Pondé Fonseca National Procedural Law 173 The …” „… the tendency of privatization of justice and process, to the impact of EU financial crisis on national …”

Index S. 547-552

„… , 238, 227 ff., 294. Privatizing adjudication 147 ff., 149. Privatization of procedure 147 ff., 161 …”

doi.org/10.5771/9783845285122

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Arthur Shapiro

Education Under Siege

2013

Results in this title

Chapter Ten: Vouchers: Another Form of Privatization S. 125-140

„… TENVouchers: Another Form ofPrivatizationIncreasingly it has become apparent that the search for …” „… forces.—Paul Thomas, TruthoutINTRODUCTION AND ORGANIZATIONSince privatization guru Henry Levin unequivocally …” „… criteria or benchmarks that Levin developedto evaluate the whole privatization movement (you’ll remember …”

Chapter Nine: Charter Schools: A Form of Privatization S. 109-124

„… a factor in research on privatiza-tion.Yet one of the advantages of privatization is that charters …” „… NINECharter Schools: A Form ofPrivatizationHow do we use technology so that we require fewer highly …” „… relatively recent occurrence—an offspring of the privatization movement. That started with MiltonFriedman’s …”

Chapter Eleven: Virtual Charter Schools: Privatization on Steroids S. 141-158

„… chapters to evaluate variousfindings about these schools, as we’ve done regarding privatization,charters …” „… privatization.The largest educational management organization (EMO) of full-timevirtual schools is K12 Inc., which …” „… privatization—and toignore the obviously poor results. We’ll cite Campbell’s Law (1976) again,which appears to be …”

Chapter Eight: Privatization: Fad, Fraud, Fantasy and/or Fiction? S. 93-108

„… privatizing improveeducation?—Henry LevinThe hidden assumption underlying privatization is that people whoknow …” „… , Privatizing Public SchoolsORGANIZATION AND INTRODUCTIONFirst, we’d better get a grip on what privatization is …” „… critical criteria to ana-lyze the phenomenon of privatization and said that achieving balanceamong two or …”

Preface S. i-xiv

„… privatization—reveals poor results• Charters—generally do worse than their matched public schools• Vouchers—do not …” „… 637 Evaluating vs. Grading (Really Rating) Schools 818 Privatization: Fad, Fraud, Fantasy and/or …” „… Fiction? 939 Charter Schools: A Form of Privatization 10910 Vouchers: Another Form of Privatization 12511 …”

Chapter Seven: Evaluating vs. Grading (Really Rating) Schools S. 81-92

„… out in the K–12 schools).The privatization movement described in chapter 8 is strongly sup-portive of …”

doi.org/10.5771/9781475803099

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