Mixed economy company
A mixed-economy company is a company that is jointly supported by the public sector (federal, state, local) and private-sector shareholders. The establishment of a mixed-economy company is also known as a form of the so-called public-private partnership . A mixed-economy company is often a municipal company in the legal form of a GmbH or stock corporation , which has both private and public shareholders. As a rule, the public shareholder is obliged to exercise reasonable influence over the company because of his obligation to discourage the constitutional principle of democracy and local law (e.g. Section 109, Paragraph 1, Clause 6 of the Lower Saxony Municipal Code) . This often results in frictions with company law . In the context of the sponsorship of a mixed-economy company, different interests and motives typically come together. The public sector participates in the company because it has an interest in the performance of public tasks. The private investor, on the other hand, participates in the company primarily to maximize profit. This mixture of public tasks and private interest in making a profit often gives rise to particular problems in public companies.
Mixed economy companies that are controlled by the public sector are directly bound by fundamental rights. They are part of the executive power within the meaning of Article 1, Paragraph 3 of the Basic Law . Conversely, they cannot rely on their own fundamental rights vis-à-vis citizens and other government agencies . According to a decision by the Federal Constitutional Court, control by the public sector usually exists if more than half of the shares are owned by public shareholders.
Some mixed-economy companies, such as Fraport AG , even have several public shareholders in addition to private shareholders. Fraport shareholders are both the state of Hesse (31.8%) and the city of Frankfurt am Main (20.3%). The remaining 47.9% are in free float. In October 2005 the federal government sold its share of 18.2% for around 660 million euros.
As the privatization of public companies progresses , the public sector is gradually reducing its shares in mixed-economy companies in many cases.
Individual evidence
literature
- Ralph Becker: The fulfillment of public tasks by mixed-economy companies. Nomos-Verl.-Ges., Baden-Baden 1997, zugl .: Heidelberg, Univ., Diss., 1996–1997, ISBN 3-7890-4999-9 .
- Ariane Berger: State characteristic of mixed-economy companies. An examination of the state quality of business decisions. Diss. Jur., Publications on Public Law, Vol. 1045, Berlin 2006, ISBN 3-428-12214-3
- Christoph Engel: Mixed Waste Disposal: A lesson on the interlinking of waste law with antitrust law, municipal law, public procurement law and economic constitution law. Heymann, Cologne [ua] 1995, ISBN 3-452-23253-0 .
