Skip to main content

Table 2 Various ranges and the applicability of public law

From: Public-private or private-private energy partnerships? Toward good energy governance in regional and local green gas projects

Applicability of public law: categorizing public authorities, firms, and NGOs
Actors ➔ Public authorities Markets and civil society
Form and law Pure Quasi Firms and NGOs
1. Legal form a. Public law body b. Public or private law body c. Private law body/natural persons
2. Core determinant of form a. Statutory power + exclusive public scope b. Other public law powers c. (Not b and) d. Only private law powers and interest scope
- Legislative mandate - On regulated market (3c/4a to b)
- Exclusive public interest scope - On ‘free’ market (but 4a to b)
3. Applicability general public law a. Yes, automatically and fully b. Yes, automatically but partially (fully when public body) c. Only when specifically arranged by 4
4. Applicability of special public law Yes, if so arranged - in service of a specific public interest
a. Public services (e.g., energy, education, care, transport)
b. Public risks (e.g., environment, health, safety)