Public sector

Public sector is the collective term for the entire public sector, including household -oriented government (federal, state, local government associations, municipalities ) as well as institutions and public bodies that are equipped with control and fiscal competence.

Term scope

The term " public sector " is a colloquial term that is mentioned can also be seen in the law ( § 141 SGB IX deals with the procurement by the public sector; Article 126 FEU V deals with the budget deficits of the public sector ). too, the Federal Constitutional Court used the term when it is the ownership of culturally and historically or scientifically significant findings that are abandoned or whose owners can not be identified with their discovery of the public sector can fall. In Article 2 of the EU Transparency Directive succinctly it the speech that the State and local authorities are to be regarded as public authority.

In official statistics rather is the " public sector " is mentioned, the term scope can be divided into three levels.:

  • The public sector in the strict sense are the local authorities, which are composed in Germany from federal, state, local government and local organizations.
  • An extended definition involves the para-fiscal with a. Para-fiscal are organizationally independent entities without sovereign rights, which provide a public service using its own dedicated financial resources. These intermediate financial organizations, social security, legal health, nursing, accident, unemployment and pension insurance and certain special fund public budgets. This second level is the aggregate of the Maastricht criteria with regard to the debt of the " public sector ", which may not exceed 3 % of its gross domestic product.
  • In the broadest definition, public companies (companies in majority public ownership ) are recorded and public company investments.

Areas of Practice

The public sector, particularly in its broadest definition, both marktwirtschafltich and non - market economic activity. While extending the non-market economic activities and in particular the general interest, are the economic activities of the various levels of government - having regard to the permit in the municipal regulations - mostly not further defined in order to avoid unnecessarily restricting the municipal freedom of action. General requirements for market-based activities, including public companies, are the public purpose, the appropriate relationship to the performance of the municipality and subsidiarity.

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