Maurits Sanders

Good Legal Governance in Authoritative Public-Private Partnerships

The discourse on Public Private Partnerships (PPP) is focused most on Procurement or on what we name ‘Market-PPP’. Placing PPP in the shift from government to governance calls for attention especially to those PPP, which are geared to exercise public legal powers. These ‘Authoritative PPP’ are most likely to come with tensions between private party involvement and public interest legitimacy. In this article, public legitimacy is analysed primarily on the basis of work done by David Beetham, and complemented with Public Law considerations concerning the legitimate exercise of legal powers and law on public organizat.

Regulating Public-Private Modalities of Legitimate Innovation: An Ex Ante Analysis Framework

This chapter is about safeguarding public interests by promoting innovation in the energy sector. By concluding climate accords at national and international level, the Dutch government has committed itself to the target of 20 per cent of energy consumption being provided by renewable energy by 2020. To achieve such sustainability ambitions the government is relying on technological innovations in the energy sector. To give these technological innovations an actual chance of success, it is initiating policy projects with private parties in partnerships. An example of one such initiative is the Salland Green Gas project. Taking the project as a basis, this chapter illustrates that public interests can have innovation as an object and that policy tools (as safeguarding mechanisms) must respond to the dynamism in innovation processes. We go on to present an ex ante analysis framework to be used for the selection of legitimate forms of public-private partnership (PPP). The analysis framework is presented as a phased plan in which an attempt is made to find a balance between the legal-administrative values of effectiveness and legitimacy.

Inleiding themanummer ‘Energietransitie en lokaal bestuur’

This special issue contains five articles based on empirical research into energy transition at the local level. The focus is on the role of local authorities in the energy transition and on partnerships between local authorities (municipalities, provinces, regions) and local communities in the area of sustainable development. The three guest editors have also written an introduction and conclusion for this special issue.