National Varieties of Public–Private Partnerships (PPPs): A Comparative Analysis of PPP-Supporting Units in 19 European Countries

Most countries that have adopted the public–private partnership (PPP) model as a means of implementing infrastructure projects have launched dedicated supporting units to guide policy development and stimulate project implementation. This paper draws on the theoretical notion of PPP-enabling fields to carry out a comparative analysis of the roles and functions of PPP-supporting units across 19 European countries with varying PPP experiences. We distinguish four categories of national support of PPPs, from skeptical systems of zero support to full-fledged PPP systems. Furthermore, we take initial steps to analyze the possible link between national differences in institutionalized PPP support and the amount of implemented PPP projects. Finally, pathways for further research on PPP-supporting units are discussed.     

Boundary-spanning strategies for aligning institutional logics: a typology

This article critically examines strategies used by boundary spanners to align the institutional logics of bureaucracy, management and networks in citizen-state interactions. In-depth interviews conducted within the Dutch municipality of Rotterdam reveal that boundary spanners use entrepreneurial, mediation, and hierarchical strategies to align institutional logics. By providing insight into the strategic toolbox of boundary spanners and the perceived effectiveness of these tools, this article enhances empirical understanding of how the interplay between older and newer institutional logics within public organisations takes shape and how boundary spanners make strategic use of hierarchy to overcome institutional barriers.     

The effects of market concentration on costs of local public services: empirical evidence from Dutch waste collection

ABSTRACT

Different concentration indexes are calculated for the Dutch waste collection market and all show that this market was highly concentrated in 2002, 2006, 2010 and 2014. The estimation results in 2002 show that private collection is cheaper but high concentration increases costs of private collection and therefore (partly) offsets the advantage of contracting out. In 2006, the savings gained from privatisation and also the effect of concentration disappear, probably due to the introduction of a VAT-compensation fund. In 2010, for an area with a radius of 30 km, high concentration increases costs, but for larger areas, this effect mostly disappears. For 2014, in most estimations, this concentration effect disappears. If we include fixed effects for a panel, the cost advantage of inter-municipal cooperation is larger than that of private production and concentration effects also disappear. Overall, these estimation results are rather independent of the concentration indexes used, if we investigate several indexes as an alternative for the Herfindahl–Hirschman index.     

FIGHTING WITHOUT WEAPONS: PALESTINIAN DOCUMENTARY FILMS AND ACTS OF RESISTANCE

Film production has for a long time been a prominent medium for Palestinians to resist Israeli occupation and create a cultural memory. Though there are some academic studies on the subject, a critical framework of analysis for such films remains underdeveloped. This article argues that Palestinian film production has surged particularly in recent years as part of an increasingly globalised dimension to Palestinian resistance, alongside such initiatives as the Electronic Intifada and the BDS movement. Early Zionist rhetoric asserted the non-existence (or invisibility) of Palestinians. Several decades later, when the Arab revolt was shut down, the Israeli official propaganda largely shifted to a discourse of “emergency”, which decontextualizes the anti-colonial nature of Palestinian resistance. The films 5 Broken Cameras (2011) and Private (2004) both engage with Israeli colonialism and the state of emergency by acting as tools of witnessing, laying bare the occupational strategies the Israelis use under emergency law and revealing the arbitrary nature of such practices as the Separation Wall. The films challenge Israeli authority through their depictions of predominantly non-violent forms of resistance, which counters their historically constructed invisibility as a people, as well as the colonialist narrative of “terrorism”. Non-violent resistance makes the recognition of Israeli authority problematic, as the settlers cannot use brute force to drive out the Palestinians if there is no documented incident in context to justify violence. Furthermore, the article argues that the form of the films – pseudo-documentary and especially “talking witness” documentary – enables their emotive content to reach out to an international audience, which could potentially respond. Thus, the films not only contain acts of resistance, but they significantly are tools of resistance in the conflict.     

The Dutch Response to Moluccan Terrorism, 1970–1978

The Netherlands experienced a spate of terrorist attacks by Moluccan nationalists in the 1970s. Lessons learned during this time should be re-examined as elements of the Dutch response are very relevant to current counterterrorism efforts. The so-called “Dutch Approach” is notable for its pragmatic and flexible nature and provided policymakers sufficient room for maneuver in responding to individual terrorist acts within the context of the greater conflict. Further deserving of renewed appreciation are the Dutch government's efforts to address and bridge the chasms within Dutch society by working hand-in-hand with Moluccan community leaders.     

A European Legal Method? On European Private Law and Scientific Method

This article examines the relationship between European private law and scientific method. It argues that a European legal method is a good idea. Not primarily because it will make European private law scholarship look more scientific, but because a debate on the method of a normative science necessarily has to be a debate on its normative assumptions. In other words, a debate on a European legal method will have much in common with the much desired debate on social justice in European law. Moreover, it submits that, at least after the adoption of the Common Frame of Reference by the European institutions, European contract law can be regarded as a developing multi-level system that can be studied from the inside. Finally, it concludes that the Europeanisation of private law is gradually blurring the dividing line between the internal and external perspectives, with their respective appropriate methods, in two mutually reinforcing ways. First, in the developing multi-level system it is unclear where the external borders of the system lie, in particular the borders between Community law and national law. Second, because of the less formal legal culture the (formerly) external perspectives, such as the economic perspective, have easier access and play an increasing role as policy considerations.     

Justice,Legitimacy and the Authority of Legislation within the European Union

What are we to make of the authority of legislation within the EU? EU lawyers have questioned the significance of legislative decision‐making within the EU. This article challenges these views and argues that the EU legislature must enjoy adequate freedom to shape EU law with the general interest in mind. Institutional accounts that seek to curtail the authority of legislation tend to rest upon ‘content‐dependent’ conceptions of political legitimacy, according to which the legitimacy of a decision depends on its moral qualities. Such conceptions overlook reasonable disagreements on justice and rest upon an overly optimistic (pessimistic) view of the Court (the legislature). The article argues for a content‐independent conception of legitimacy, following which the benefits of legislative decision‐making are more easily understood. The authority of legislation deserves wider recognition among EU lawyers for reasons of political legitimacy and because the EU legislature is better positioned to decide in the general interest.     

EU citizenship and (fundamental) rights: Empirical,normative, and conceptual problems

There is a close connection between EU citizenship and rights, both in the law and literature. This article claims that EU lawyers' understanding of EU citizenship and rights suffers from empirical, normative, and conceptual shortcomings. I will point out that there has been insufficient awareness for the boundedness of EU citizenship, the political structure of the EU and the constraints this (realistically) imposes on the ‘meaningfulness’ of EU citizenship. EU citizenship must not be understood as requiring an elaborate set of equal rights for all Union citizens throuzghout the EU, but valued for its ability to allow its status holders to enjoy (almost) full membership in the Member States of which they do not possess nationality.