القيود الموضوعية لخصخصة المرافق الاقتصادية العامة في العراق : قطاع الكهرباء انموذجا

Abstract EN

After the interventionist state failed to provide excellent services to the public to meet their growing needs, as a result of the widespread patronage and corruption in the management of these institutions, the interventionist state tended to give up part of its functions for the benefit of the private sector and to pursue a policy of involving the private sector in the management of economic projects through a process called privatization, which means transferring public sector funds to the private sector, other than the general principle of the interventionist state of nationalization policy, and after the tardiness that has plagued the electricity utility in Iraq for decades.

In the past and its inability to provide services to the public, the state, in keeping with the philosophical and economic thinking adopted by the Iraqi legislator in the 2005 constitution, which is in force and based on free individual thought, resorted to the policy of privatization in this important and vital facility and granted the private sector a major role in the management of this sector in the law of the Ministry of Electricity in force.

However, this project has been confronted with a number of constitutional, legal, administrative and other obstacles, whether economic or social, and the importance of this research is to remove doubts about the legitimacy of the executive branch's use of privatization.