Evaluation of two proposed laws on privatisation of public social services
Evaluation of two proposed laws on privatisation of public social services

Summary/Abstract: The author compares and evaluates two legislative proposals for the privatization of public social services, from 1994 and 1998. The evaluation criteria are taken from the legal, economic, and sociological standpoints. From the legal point of view two constitutional principles are relevant: the principle of equality before the law and the principle that human rights have to be determined only by law adopted in parliament and not by the executive regulations of the government. In terms of economic criteria it is relevant whether the legislative proposals consider specifics of activities in the area of social services in connection to mistakes and flaws of the adopted model of the ownership transformation of commercial companies from 1992. Considering legal and economic aspects the author draws the sociological conclusion that privatisation of social services should be based, along with an option of partial buy-outs of social institutions by employees, on the privatisation of activities rather than on the privatization of material assets of social-service institutions. Further argument in this regard is the need for a change of the role of the state in the future development of social services. Both proposals are weak on all three aspects. The proposal from 1998 is even worse.

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