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) |