| title: | Legal theoretical basis for delegation of public functions to private legal entities |
|---|---|
| reg no: | ETF6464 |
| project type: | Estonian Science Foundation research grant |
| status: | accepted |
| institution: | University of Tartu |
| head of project: | Kalle Merusk |
| duration: | 01.01.2005 - 31.12.2008 |
| description: | During the last decade, many countries have paid serious attention to the efficiency of public administration and the introduction of private sector practices into the public sector. A burning issue has been the growing pressure on public budgets. In Estonia, those issues, including the delegation of public functions to private entities have emerged in the last few years. However, the delegation of public functions is not only a question of efficiency, but is closely tied to legal and legal theoretical aspects. In this context, the main issues that demand theoretical legal analysis and a thorough analysis, are: 1) the legally permissible extent of delegating public functions; 2) the models, legal instruments and formal prerequisites of delegating public functions in order to secure public interest, the quality of fulfilling the functions and accessibility to the delegated services; 3) the legal bases for delegating public functions; 4) the observation of basic rights by private entities fulfilling public functions, including the right to compensation for damages, as foreseen in the Estonian Constitution; 5) the mechanisms of state supervision over the private entities fulfilling public functions. The main goals of the projects are: 1) to analyze the legal, including the constitutional boundaries, to the delegation of public functions. The analysis should answer the question, which public functions cannot be delegated, which functions can be delegated only to a limited extent and which functions can be delegated freely; 2) to analyze the instruments of delegating public functions and answer the question which of the various instruments provide optimal guarantees as regards to the quality and accessibility of the service and the protection of rights of persons; 3) to analyze the various legal bases for delegating public functions and answer the question, which of those provide the best guarantee of protecting public interest and the quality of services; 4) to analyze how basic rights continue to be protected, including how compensation for damages caused by the private entity fulfilling public functions can be secured; 5) to analyze how the current legal system regulates the state supervision over private entities fulfilling public functions and which legal and administrative measures can be used in order to increase the efficiency of state supervision over the private entities fulfilling or proposing to fulfil public functions. |
| project group | ||||
|---|---|---|---|---|
| no | name | institution | position | |
| 1. | Anno Aedmaa | University of Tartu | Head of Legal Department | |
| 2. | Ene Andresen | University of Tartu | Assistant of Constitutional and Administrative Law | |
| 3. | Taavi Annus | University of Tartu | Docent | |
| 4. | Lasse Lehis | University of Tartu | Docent of Financial Law | |
| 5. | Kalle Merusk | University of Tartu | Dean Faculty of Law | |
| 6. | Raul Narits | University of Tartu | ||
| 7. | Vallo Olle | University of Tartu | docent of administrative law (as of 1 September 20 | |