The principle of the applicability of public utilities for change and development - A comparative study in the development of economic public utility activity

The principle of the applicability of public utilities for change and development - A comparative study in the development of economic public utility activity

Blog Article

The principle of the applicability of the rules of public utilities for change and development means that the administration has the right to amend the legal rules governing the functioning of the public utility, as well as the development of its management methods so as to be constantly responsive to the developments of needs and to enable its services to the beneficiaries at the lowest cost and in better ways.Thus, this principle has two aspects: first: the authority of the administration to modify and terminate the administrative contracts concluded by the economic public utilities, and the second aspect: the authority of the administration to develop the methods of managing il barone wine economic utilities.The first aspect has attracted attention through studies, research and academic letter.The second aspect has not received much attention, despite the tremendous developments in the methods of managing public utilities, which are still ongoing to date.We can summarize these developments in two things: first: the private administration of economic utilities, and the second: the application of private law to these utilities.

Economists add a third order, which is the privatization of economic public utilities.The private administration prepares a method of privatization, but legalists restrict the term privatization to cases of transfer of ownership of projects from the public sector to the private sector.Thus, the private management of economic utilities outside privatization is only an evolution in the management of economic public utilities as one of the ongoing developments in the management of this type of utility.There are many methods of private administration of economic utilities, such as the mixed economy.Many countries have resorted to it after they have refrained from direct exploitation (Rigi), public institutions and bodies, as well as the contractual approach to managing economic utilities, as new contracts, previously unknown, such as leases, management and sharing of exploitation, have emerged, but the most recent contract came out of the womb of the oldest administrative contracts, the contract of commitment as many countries have come to the modern development of this contract is the contract of B.

O.T.The legal systems have recently defined the method of licensing, which is a non-contractual method for countries to resort to in many areas, most notably mobile phones.As a result of increased management recourse to the special management of economic public utility management, the application of the rules of private law has expanded, and this has been reflected in the use of the arbitration system for the settlement of administrative contract disputes, which has arisen under the rules of private law.One of the aspects of the application of the rules of private law is the application of the rules of commercial law to economic public utilities, the status of their employees, as well as the status of beneficiaries and non-beneficiaries in the face of economic public utilities.

The essence of what we have reached is that the methods of managing the economic utilities in Iraq were not to meet the minimum of ambition of the here beneficiaries of the services of these facilities, especially infrastructure services of water, electricity, sewage and telephones, and we are all aware the deterioration in the level of these services, which led us to we urgently demand the introduction of modern methods in the management of these utilities, which we presented to them, explaining its negative aspects before its positives.The methods of managing economic public utilities are numerous and sophisticated, and we can resort to the method of commitment in its evolving form, which is the holding of BOT in the field of basic services.It is also possible to resort to delegating the management of public economic utilities to the private sector.The latter can be contracted to manage economic utilities that require technical expertise and possibilities not available in the public sector.It also commended the administration in Iraq for resorting to the method of licensing in the field of mobile phones and we wish the administration to expand the recourse to it in other areas such as the transfer of oil pipelines, and the field of internal transport.

We also called on the Iraqi legislator to authorize the administration to resort to the arbitration system in the field of resolving the disputes of administrative contracts for economic public utilities to encourage the private sector to enter into the fields of economic development.We have presented the methods of management of economic utilities and the developments of the comparative approach with the French and Egyptian legal systems, hoping to benefit from their experience in the management of economic public utilities.