Questions About the Initiative of the European Commission Concerning the Awarding and Compulsory Competitive Tendering of Public Service Concessions

The ruling of the European Commission is that the award of contracts by regional or local authorities for the provision of services of general economic interest must be done by way of competitive tendering. Such contracts must not be awarded to the authority's own public enterprises or to any other enterprise, including by means of unilateral State act, without a call for tenders, a practice that had previously been common in many Member States. Public service concessions are also subject to the competition rules of the EC Treaty. Should the European Commission enact a directive concerning compulsory competitive tendering, this would result, for several Member States, in a serious change of paradigm as regards the awarding of public service concessions. Against this background, this article will attempt to find answers to the following questions: —How is the present relationship of the regional or local authority with its own public enterprise to be considered? —Are there any limits to applying the rules on competition of the EC Treaty to public service concessions? —What kind of positive and negative effects concerning economic efficiency and supply of specific public services result from the awarding of public service concessions and from compulsory competitive tendering? —What kind of, and what amount of, transaction costs result from compulsory competitive tendering and from the awarding of concessions? —Does competitive tendering work properly, and are public tenderers given equal opportunities? —Are there any alternatives to compulsory competitive tendering that would achieve an efficient market performance and provide sufficient supply?     

The Organisational Evolution of the Childcare Regime in Germany: Issues and Dynamics of a Public‐private Partnership

In many European countries, institutional childcare has developed as a field shaped by both statutory and associative agency, the German system being emblematic for this. In Germany, a considerable proportion of childcare services are provided by nonprofit organizations under public regulation. Departing from a historical overview, the article elaborates on the mixed economy of welfare in that system and sheds light on recent transformations of the existing public‐private partnership. It is argued that with a range of cultural and civil‐society‐related evolutions, the system is going to adopt elements of a market regulation that are prone to change the rules of games within the partnership as such.     

The economic constitution of the European community: From Rome to Maastricht

The present paper analyzes the changes in the economic constitution of the European Community since its foundation in 1958. In order to identify the various changes, we start by developing a frame of reference. Our proposition is that theconstitutional charter of the European Economic Community (EEC)—the EEC Treaty—came closest to this frame of reference, being an economic constitution for a market system, whereas the subsequentprocess of European integration—including several modifications of the Treaty—was largely based on the introduction of non-market elements. Our argument is that as far as the economic constitution is concerned, the Treaty of Maastricht is dominated by traits which are characteristic of modern welfare states.     

Why did a majority of French voters reject the European Constitution?

This article assesses the reasons that led a majority of French voters to reject the 29 October 2004 Treaty Establishing a Constitution for Europe. Their reasons are less connected with the Treaty itself than with a fear of loss of national sovereignty, immigration, and relocation of firms to European countries where the workforce is cheaper.     

“Twin deficits” in Greece: in search of causality

Abstract:

The paper discusses the trajectories of the Greek public deficit and sovereign debt between 1980 and 2010 and its connection to the political and economic environment of the same period. We pay special attention to the causality between the public and the external deficits in the period after 1995, the post–Maastricht Treaty period. We argue that, due to the European monetary unification process and the adoption of the common currency, causality ran from the external deficit to the public deficit. This hypothesis is tested econometrically using both Granger causality and cointegration analyses. We find empirical support for this hypothesis.     

THE MUNICIPAL WASTE MANAGEMENT SECTOR IN EUROPE: SHIFTING BOUNDARIES BETWEEN PUBLIC SERVICE AND THE MARKET

ABSTRACT: This paper provides a comparative assessment of the organization of urban waste management in selected European countries and discusses the regulatory implications of the ongoing evolution. Using an institutional economic approach, focused on governance of transactions along the value chain, we argue that: i) there is evidence of an increasing shift towards operator‐based integrated systems; ii) the emphasis put on material and energy recovery opens the market far beyond the traditional legal monopolies established for managing urban services. These results pose new challenges for economic regulation and make it more complicate to trace the boundary between the public service and the market domain. Spaces for competition in the market have become much larger, but the role of public regulation and planning are nonetheless more far‐reaching than in the past.     

The constitutional future of the European Union

The formal distinction between a treaty and a constitution is much less important than the question of who is authorized to interpret and amend it. The judges of the European Court of Justice interpret the Treaty by simple majority, while unanimity of the member-states would be required to reverse these decisions. The European Union needs a Court whose judges are empanelled from, and selected by, the highest courts of the member-states. The Treaty on European Union violates three fundamental constitutional principles: (i) the principle of the separation of powers, (ii) the democratic principle, and (iii) the principle of subsidiarity.     

HIGH AND LOW BIDS IN TENDERS: STRATEGIC PRICING AND OTHER BIDDING BEHAVIOUR IN PUBLIC TENDERS OF PASSENGER RAILWAY SERVICES

ABSTRACT ** :  An important component in the deregulation of the public sector in the European Union is public procurement of services and products. This article studies the bidding behaviour of firms participating in public tenders of passenger railway services in Sweden. In a theoretical part of the article we discuss the various possible reasons behind high and low bids in tenders, linked to a discussion on pricing strategies and continuous and discontinuous economies of scale regarding costs of production. Detailed data on bids and bidders in Swedish tenders of railway services are then analyzed. 37 tenders taking place between 1989 and 2005 are included.     

EMU, MAASTRICHT, AND THE 1996 INTERGOVERNMENTAL CONFERENCE

This paper presents various economic approaches to achieving monetary union, particularly in the context of European Economic and Monetary Union (EMU) as envisaged in the 1991 Maastricht Treaty. It evaluates the implications of Maastricht, given the economic convergence criteria embodied in the Treaty, in terms of economic policy for individual Member States and for the European Union (EU) as a whole. The paper assesses the EU's options for amending the Maastricht Treaty at its scheduled inter-governmental conference (IGC).     

Financing public goods and attitudes toward immigration

We study a model where individuals choose both the level of provision of a public good and the quota of low-skilled immigrants that are allowed into the country. Individuals can supplement the public good in the private market. Immigrants affect natives through three channels: (i) the labor market; (ii) tax collection; (iii) the quality of the public good. We find that the higher the political weight of the rich (highly skilled) is, the less tolerant the poor and the middle-class are toward immigration and the more demanding they are toward increasing public spending. The rich are the most favorable to immigration. As they have more weight, the political outcome is closer to their preferences and further from the preferences of the other groups. We use data from the European Social Survey to test the implications of our model.     

ACCRUAL BUDGETING AND FISCAL CONSOLIDATION IN THE EMU

Drawing on modern macroeconomic literature focusing on the study of politico-institutional determinants of public policies, this article analyzes the institutional design of the European fiscal policy laid down by the Treaty of Amsterdam and the Stability and Growth Pact. Both documents provide countries in the EU, and in particular those that have adopted the euro, with a common code of fiscal conduct that is expected to uphold discipline in the management of government finances. Nevertheless, a simple review of this code of conduct shows the existence of serious drawbacks mainly derived from the asymmetry between the treatment given to outcomes of fiscal policy in comparison with that given to the procedures followed in generating them. It seems that the current design of the European fiscal coordination system does not really take into account the findings of modern macroeconomics and does not pay due attention to the relation between budgetary processes/institutions and outcomes in fiscal policy. Moreover, this article argues that in the implementation of the broad reforms needed to achieve a sustainable fiscal consolidation, there are political complementarities (in the sense that the ability to gain political consent for one reform depends on the acceptance of other reforms) between the setting up of new fiscal policies of expenditure containment and new fiscal procedures.
All in all, this analysis points to a sorely needed procedural reform in public sector budgeting as the best contribution to pursuing the stabilization of European public finances: the fuller use of accrual concepts in budget reporting. Much more than an isolated technical exercise, the shift to accrual budgeting could be quite a useful tool to facilitate wider reforms aimed at improving public sector financial management and performance while enhancing transparency and accountability.     

Institutional Reform and Co-Decision in the European Union

This paper studies the Treaty of Amsterdam's reform of the co-decision procedure in the European Union. The paper presents spatial models of the procedure, and examines whether the Treaty significantly alters it. The theory analyzes the implications of the Treaty for the equilibrium EU policies and the institutions' powers. It characterizes sets of policies the Commission can successfully propose under the old procedure, and sets of policies the Council and the Parliament can successfully propose as joint texts under the new procedure. The paper concludes that the new procedure does not lead to a further increase in the Parliament's powers, as intended by the drafters of the Treaty. Rather it finds that the Treaty eliminates the Commission's power under co-decision and may increase indecision.     

Assessment of regional productive performance of European health systems under a metatechnology framework

Within last seventy years, healthcare spending in Europe has grown faster than national income. However, this does not always translate into good health indicators, suggesting a problem of efficiency in different European health systems. This paper analyzes the efficiency of such systems for 185 European regions in 17 countries by grouping them into three clusters according to their institutional setting: regulation, funding and service provision. We investigate their productive performance by adopting a metafrontier framework for exploring the role of technological spillovers. Our findings suggest that the three European health systems show similar efficiency performance; the best performers are regions that have adopted social healthcare insurance; kernel analysis indicates that there is convergence toward a single club in each frontier. Finally, we find a dramatic change in the convergence process after the nancial crisis, with European regions converging toward different groups with different levels of efficiency.     

Public provisions of professional services

Professional services are credence goods provided by certified experts (professionals). The most prominent examples of professional services are medical or legal services. Interestingly, the markets for such services are often subject to partial public provision: there is a low-end segment, where the services of basic quality are provided for free and professionals are reimbursed by the government, and a high-end segment, where free-market principles prevail. We examine the efficiency of this market structure. To this end we apply a modified version of the model of the market for goods with credence attributes proposed by Baron. We demonstrate that partial public provision can correct for the market failure caused by the credence good nature of professional services, even in the presence of regulation costs. The efficiency gain from partial public provision is due to a combination of quality and price effects.     

Which Single Currency for Western Europe?

The Maastricht Treaty calls for a single European money in the third and final stage of European monetary integration. The purpose of this paper is to infer the preferred currency from the point of view of economic agents in each EMS country by ranking the realized distributions of returns from holding foreign currencies. These rankings are obtained using the notion of generalized stochastic dominance. The preferred currency varies with time and the portfolio considered. In all cases, the ECU is not supported as a likely dominant money.     

Contracting out: The Importance of a Solution for the VAT Distortion

In member states of the European Union, the current VAT treatmentof activities of public authorities creates significant distortionsin their decision-making between public provision and contractingout of public services. In several EU-member states, a refundof VAT to local governments eliminates this effect. Therefore,these VAT refund schemes facilitate contracting out. In memberstates with a refund scheme for the VAT costs of local governmentsor another solution to this distortion, in general refuse collectionis contracted out to a relatively greater extent compared tomember states without. Despite these solutions, the VAT distortionis still relevant for private suppliers of tax-exempt activitiesand public suppliers in other member-states. This distortioncould be addressed by a change in the European VAT legislation.(JEL H25; H32)     

Health spending in Italy: The impact of immigrants

The welfare impact of immigration is a highly debated issue especially for countries on the external borders of the European Union. This paper studies how immigrants affect public health expenditure across Italian regions during the period 2003–2016 using NUTS II level data. Identification strategy is based on shift–share instruments, which are made robust to pull factors that might attract immigrants in Italy and to internal migration of natives. We find that a 1 percentage point increase in immigrants over total resident population leads to a decrease in public health expenditure per capita by about 3.8% (i.e. around 69 euro per capita). Among possible channels, we find no support for any crowding out effect from public to private health services by natives due to increasing immigration or for any role played by different levels of efficiency across regional health systems. Our results are driven by immigrants' demographic structure: they are mostly males and younger workers that call for less health spending, according to a positive selection mechanism. Moreover, linguistic barriers contribute to limiting the immigrants' reliance on public healthcare, which is confirmed also by the use of the European Health Interview Survey microdata.     

Environmental Appraisal and Environmental Policy in the European Union

Revisions to the European Treaty of Union require some form of environmental appraisal – primarily risk assessment and cost-benefit analysis – of regulatory initiatives by the European Commission. A retrospective look at the emergence of environmental appraisal also shows that, while the Commission has made great advances in introducing cost-benefit or cost-effectiveness appraisals in recent years, past environmental decisions and overall environmental policy have not been informed by systematic appraisal techniques. Nor is it clear what role is now being played by risk assessments. While it is impossible to gauge the extent to which systematic appraisal procedures will save on regulatory and compliance expenditures, some indications are provided of the costs of past neglect of these procedures.