When private actors contribute to public interests : a law and governance perspective / editors, Adam McCann [and three others].

Format:

Book

Contributor:

McCann, Adam, editor.

Series:

Governance & recht ; 10.

Governance & Recht ; 10

Language:

English

Subjects (All):

Public interest.

Physical Description:

1 online resource (272 p.)

Edition:

1st ed.

Distribution:

Portland, Oregon : International Specialized Book Services, [date of distribution not identified]

Place of Publication:

Hague, Netherlands : Eleven International Publishing, 2014.

Language Note:

English

Summary:

This volume of the Netherlands Institute for Law and Governance series is the result of a PhD Roundtable Forum on the theme: 'When Private Actors Contribute to Public Interests,' held in Amsterdam on April 19, 2012. Traditionally, when thinking of the actors responsible for securing or protecting fundamental interests of society, one thinks of public actors: state authorities, government officials, the judiciary, enforcement officers, and politicians. However, the focus of this book is to reflect on the role private actors play with regard to fundamental interests of society; the degree of int

Contents:

Cover; Title Page; Preface; Table of Contents; Introduction; I. PUBLIC SERVICES AND COMPETITION LAW; Public Procurement Law and In-House Delivery ofPublic Services; Introduction; 1. The Freedom to Define and Perform SGIs; 2. The Performance of SGIs: To Internalize or Externalize?; 3. Explaining Internalization of SGI Performance; 4. Paradoxical Performance Internalization in Four Dutch Markets; 4.1. The Waste Sector: Courts Uphold Internal Performance Exemptions; 4.2. Supportive Services: Internal Performance Outside the Public Interest

4.3. Public Transport: Inconsistent Obligatory Tendering4.4. Social Support: Obligatory Tendering Pulled Back Entirely; 5. Towards a New approach for SGI Delivery Decisions; 5.1. Internal Market Reforms = Internal Performance Reforms?; 5.2. Dutch PPA 2012: Motivating Public Procurement Choices; 5.3. US FAIR Act: Transparency and Economic Elements; 6. Concluding Remarks and Stabilizing the Balance; The Scope for Exempting Anti-Competitive Self-Regulation from the Cartel Prohibition; Introduction; 1. The Legal System of Competition Law; 2. Competition Law Goals; 2.1. EU Competition Law

2.1.1. Introduction2.1.2. Economic Prosperity; 2.1.3. Market Rivalry; 2.1.4. Market Integration; 2.2. Dutch Competition Law; 2.3. Conclusion; 3. Banking Regulation Goals; 3.1. Introduction; 3.2. Justifications for Regulation; 3.3. Conclusion on the Goals of Banking Regulation; 4. The First Condition of the Exemption Possibility; 4.1. Introduction; 4.2. Case Law on and Application of the Exemption Possibility; 4.2.1. The Exemption Possibility - Case Law of the EU Courts; 4.2.2. The Exemption Possibility - Commission and ACM

4.2.3. Case Law on and Application of the Exemption Possibility - Conclusion4.3. A Normative View on Indirect Economic Benefits; 4.3.1. A Normative View on Non-Economic Effects; 4.3.2. A Normative View on Indirect Economic Benefits; 4.4. A Normative View - Conclusion; 5. Conclusion; II. PUBLIC ORDER AND CRIMINAL LAW; Private Powers for Public Order ; Introduction; 1. Case Studies on Private Actors Contributing to Public Order; 1.1. Introduction of the Cases; 1.2. Football Events: Royal Dutch Football Association (KNVB); 1.3. Dance-events: ID&T Company; 1.4. Three Specific Characteristics

2. Theories on Power, Public Order and Personal Liberties2.1. Ideas Developed in Legal Philosophy; 2.2. 'Power' as Reason for Extensive Protection of Personal Liberties; 2.3. 'Public Interest' as Reason for Extensive Protection Personal Liberties?; 3. Power and Personal Liberties in Dutch Contract Law; 3.1. Freedom of Contract and Its Restrictions; 3.2. Different Factors Influencing Reasonableness and Fairness; 4. Concluding Remarks; Euthanasia in England, France and the Netherlands; Introduction; 1. A Law and Governance Perspective; 2. Definitions; 3. The 'Law in the Books'; 3.1. England

3.2. France

Notes:

Description based upon print version of record.

Description based on online resource; title from PDF title page (ebrary, viewed September 17, 2014).

ISBN:

94-6274-172-7

OCLC:

900344170