Podstawowe problemy prywatyzacji we Francji
Basic problems of privatisation in France

Summary/Abstract: Privatisation was undoubtedly conceived as an instrument intended to offset the effects of the nationalisation carried out in 1982. According to Article 34 of the French Constitution, it is up to the legislator to decide on the transfer of ownership of public enterprises to the private sector. Consequently, the Act of 2 July 1986 was passed, which authorised the government to privatise 65 state-owned enterprises. At the same time, this Act authorised the government to specify, within a time frame of six months: the valuation rules, legal methods of the transfer, payment condition, state interest protection instruments, rules protecting the right of employee shareholders and the financial regime of share transfer and disposal.In line with the constitutional principle, these rules should be set out in an act of statutory rank or at least in an act of rank to a corresponding to an official statute, i.e. in an ordonnance. Initially, the government opted for the ordonnance mode. The draft prepared by the government was not signed by the president, which forced the government to change the procedure. The draft was submitted to parliament and finally enacted as the Act of 6 August 1986 on the legal and financial methods of carrying out the privatisation of enterprises listed in the Act of 2 July 1986. Thus, the legal regime of privatisation was determined by two Acts, the first of which (of 2 July 1986) resolved the principles of admissibility of privatisation, and the second (of 6 August 1986) determined the methods of privatisation implementation - for it regulated four fundamental issues:- valuation rules for the privatised companies,- the ways in which state capital was transitioning to the private sector,- rules for the protection of privileged groups of the buyers of shares or interests deemed worthy of protection by the legislator,- instruments to protect the privatised companies.

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