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Mapping of the public ServiceS MAY 2010 public ServiceS in the european union & in the 27 MeMber StateS STATISTICS, ORGANISATION AND REGULATIONS Project with the support of the European Commission Experts : Project with the support of the European Commission Study commissioned in the framework of the “Mapping of the Public Services” project managed by CEEP serving the public Published in May 2010 We would like to sincerely thank all those who participated in this research, in particular the national experts and those who have helped to prepare the English text for publication. pierre baubY PhD in Political Science Researcher associated with the LED - Paris 8 University Chairman of RAP Mihaela Maria SiMilie (POPA) PhD in Law Researcher on Public Services With the support of In memory of Armand BIZAGUET who for over 30 years developed statistics on public enterprises in Europe philippe raiMBAULT Professor of Public Law, IEP de Toulouse Member of Scientific Committee of Europa Sobinson Yves ralainirina PhD student in Economics Paris 8 University Logistical team Michel SeniMon General Delegate of EUROPA christophe bonnotte General Secretary of EUROPA country national experts austria AT Dr. Daniel Staudigl Verband der öffentlichen Wirtschaft und Gemeinwirtschaft Österreichs belgium be Contributions from different experts bulgaria bg Dr. Antoniy Galabov Assistant Professor, Sociology of Policy and Culture, Political Sciences Department, New Bulgarian University Présidente Pro Bono Publico Ltd. Vessela Delibaltova cyprus cY Yannis Eustathopoulos Économiste chercheur czech r. cZ Dr. Jiri Marek VSB-Technical University of Ostrava, Faculty of Economics, Department of Public Economics germany De Franz Thedieck Professor, University for Applied Administrative Sciences, Kehl Denmark DK Karl Löfgren PhD, associate professor, Department of Society and Globalisation, Roskilde Univer- sity estonia ee Sulev Mäeltsemees PhD, Professor, Dean of the Faculty of Social Sciences, Tallinn University of Technol- ogy Spain eS José-Manuel Ruano Professeur de Sciences Politiques, Université Complutense de Madrid finland fi Kristian Siikavirta LL.D., senior assistant Public Law, University of Vaasa france fr Philippe Rimbault Professeur de Droit public à Sciences Po Toulouse greece gr Yannis Eustathopoulos Économiste chercheur hungary hu Peter Rauschenberger Researcher ireland ie Laurent Pech Lecturer, Jean Monnet Chair in EU Public Law, National University of Ireland, Galway italy it Prof. Gianni Paramithiotti Università di Pavia Laura Albano PhD in Administrative Law Seconda Università degli Studi di Napoli (SUN) lithuania LT Vitalis Nakrosis Vilnius University latvia LV Dr. Iveta Reinholde University of Latvia, Department of Political Science luxemburg lu Conseil Economique et Social du G.D. de Luxembourg Malta Mt Dr. Manwel Debono Centre for Labour Studies, University of Malta netherlands nl Dr. L.J. Zwaan MMC Consultant and researcher poland pl Anna Kot Ministry of Economy portugal pt Dr. Luís Vale Lima Researcher romania ro Elena Iorga Program Director, Institute for Public Policy (IPP), Romania Sweden Se Kerstin Kolam Assistant Professor, Umea University Slovenia Si Petra Zemljič (Adviser to the president of the Court of Audit of the Republic of Slovenia) Slovakia SK Prof. Dr. Juraj Nemec Faculty of Economics, Matej Bel University Banska Bystrica, Slovakia united Kingdom uK Prof. Erika Szyszczak University of Leicester, UK and Littleton Chambers, Temple Mapping of the public ServiceS public ServiceS in the european union & in the 27 MeMber StateS COUNTRY SECTIONS PART III - A Contents Each country is divided into these different sections : I/ Diversity and unity A. National traditions and structures. Europeanisation of services of general interest B. Sectoral organisation and trends II/ Approaches A. The model of public administration and national public companies B. Local autonomy C. The delegated management and externalisation D. The «New Public Management» E. The Regulatory Agencies III/ Social dialogue Sources of national law on SGIs PUBLIC SERVICES IN AUSTRIA ................................................................................................................................................... 80 PUBLIC SERVICES IN BELGIUM .................................................................................................................................................. 94 PUBLIC SERVICES IN BULGARIA ............................................................................................................................................... 105 PUBLIC SERVICES IN CYPRUS .................................................................................................................................................... 121 PUBLIC SERVICES IN THE CZECH REPUBLIC .................................................................................................................... 130 PUBLIC SERVICES IN GERMANY ............................................................................................................................................... 143 PUBLIC SERVICES IN DENMARK ............................................................................................................................................... 159 PUBLIC SERVICES IN ESTONIA ................................................................................................................................................... 168 PUBLIC SERVICES IN SPAIN ......................................................................................................................................................... 177 PUBLIC SERVICES IN FINLAND .................................................................................................................................................. 192 PUBLIC SERVICES IN FRANCE .................................................................................................................................................... 203 PUBLIC SERVICES IN GREECE .................................................................................................................................................... 222 PUBLIC SERVICES IN HUNGARY ................................................................................................................................................ 237 END NOTES (table footnotes) .......................................................................................................................................................... 256 Public Services in the European Union Public Services in the 27 Member States PUBLIC SERVICES IN AUSTRIA I/ Diversity and unity A. National traditions and structures. Europeanisation of services of general interest Austria is a federal republic and a representative parliamentary democracy1. The state’s powers are sepa- rated between the federation (Bund) and nine autonomous provinces (Länder)2. There are three levels of gov- ernment: the government of the federation, the provinces’ governments and 2359 local authorities (towns – Städtebund, and communes - Gemeinden). There is a real dominance of the federal government in the national system and all lower governments depend on national planning and policy3; by longstanding tradition, people in the Länder have a solidly ‘and centralist’ attitude4. That explains the particularity of the Austrian federalism based on a constitutional sys- tem of close intra-governmental relations – “co-operative federalism” – consolidating the legal weakness of the states’ political power and coordinating state administration in order to prevent overcentralisation. By formal public law treaties between state and federal governments or among the states themselves (art. 15a B-VG), by private law agreements and corporations among all three levels of government, and by political agreements, a great number of programs for special public tasks have been launched (hospitals, highways, education, traffic systems, etc.). There are many sectoral laws on SGIs and also Verordnungen (ordinances, based on law, decreed mostly by the competent Minister) and collateral legislation. There is no general (horizontal) law on SGIs. In many sectors the legislative amendments are due to EU legislation/policies (telecommunications, postal services, production of electricity, energy, rail transport, regional and local transport of passengers, broadcasting, and higher education). (1) We would like to thank M. Christopher Burchardt for his contribution to proofreading this part of the report. From 1918 to 1920, following the collapse of the Austro-Hungarian Empire, Austria passed from being a decentralized unitary state into a federal state. The introduction of a constitutional system and the establishment of a democratic republic increased again the Länder powers enabling them to become the real federal states. (John Loughlin, Eliseo Aja, Subnational democracy in the European Union. Challenges and opportunities, Oxford University Press, 2001, p. 120, 121) (2) Article 2 of the Federal Constitutional Law – B-VG 1920/1929, http://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Erv&Dokumentnummer=ERV_1930_1 (3) Peter Pernthaler, «Austrian Federalism», in Jürgen Rose, Johannes Ch. Traut (eds.), Federalism and decentralization, George C. Marshall European Center for Security Studies LIT Verlag Berlin-Hamburg-Münster, 2001, p. 137, 138. See also, Anna Gamper in Katy Le Roy, Cheryl Saunders (eds.), Legislative, executive, and judicial governance in Federal Countries, McGill-Queen’s Press-MQUP,
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