ЈАВНА ПРЕДУЗЕЋА У ФРАНЦУСКОЈ И НАЦИОНАЛИЗАЦИЈА ИЗ 1982. ГОДИНЕ
PUBLIC ENTERPRISES IN FRANCE AND THE NATIONALISATION OF 1982

Summary/Abstract: Among the countries of the market economy, France can be singled out as a country in which the public sector in trade and industry has been extensively developed. This is nothing peculiar to the present day, but has deep roots. In the distant seventeenth century, Colbert had established marine arsenals and state workshops for the manufacture of weapons and cannon. Many years later, after the First World War, the public sector had been extensively expanded from funds received as war reparations from Germany. Afterwards, the coming of the National Front to power marked a new phase in the development of the public sector. An exceptionally wide expansion occurred after the Second World War, in the years, 1944, 1945 and 1946, when France was swept by the wave of nationalization. After the Presidential and Parliamentary elections of 1981, the new Nationalization Law of 11th February 1982 made it possible for the establishment of a number of new public enterprises. Its enactment had been followed by a discussion in the Constitutional Council concerning its constitutionality. The Constitutional Council made certain remarks as to the method of calculation of indemnity for nationalised property, but on the other hand, had a favourable opinion of the main provisions of this Law, stating that it was constitutional. Having analysed the decision of the Council, the author set forth the existing legal regimes of the nationalized enterprises, and their typology, laying particular stress on the problem of finding a commonly acceptable concept. The purpose of nationalisation is to return private enterprises to the nation. That is really the main point: nationalization is not etatisme. As to the commonly accepted legal regime, it has not been achieved yet; consequently, instead of speaking of final solutions, it would be more appropriate to speak of prospects (for the future).

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