Influence of Hybrid Legal Institutions on the Management in Local Government on the Example of the Institution of Public-Private Partnership

In: Lex localis: journal of local self-government, Band 19, Heft 3, S. 805-835

Abstract

The basis for the matter discussed herein is the presentation of a new paradigm in modern law, i.e. the creation of hybrid legal institutions. The specificity of this construct consists in the combination of elements of public law and private law in order to achieve mutual benefits. Meeting these two interests is perfectly illustrated by the institution of public-private partnership. The essence of the partnership is the implementation of infrastructural projects in the public sphere by a private entity. A detailed analysis of this institution gives grounds to propose a thesis about the need to change the model of management in local government. The inclusion of private entities in the performance of tasks in the public sphere forces the verification of the traditional way of managing the local government staff. The participatory execution of tasks as part of hybrid legal institutions forces the officials to become more professional. This is the only way the public interest can be safeguarded in a public-private venture.