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The Treuhandanstalt, privatization and the role of the courts

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  • Cassell, Mark K.

Abstract

The paper considers how the Treuhandanstalt's legal identity as both a publicand private entity helps to explain the process of privatization or creation of property by the state after 1989. I argue the agency did not easily fit within the rigid categories of the German legal system. Moreover, its hybrid status limitedthe degree to which individuals or groups could make use of the courts to holdthe agency accountable. As neither a fully public nor fully private entity, the agency's status successfully circumvented a number of traditional forms ofcontrol that exist in both public and private agencies in Germany. As a result, privatization was defined in a very narrow neo-liberal sense despite what one would predict from the standard accounts of the German Model.

Suggested Citation

  • Cassell, Mark K., 1996. "The Treuhandanstalt, privatization and the role of the courts," Discussion Papers, Research Unit: Economic Change and Employment FS I 96-316, WZB Berlin Social Science Center.
    • Handle: RePEc:zbw:wzbece:fsi96316
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    References listed on IDEAS

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    1. Priewe, Jan, 1993. "Privatisation of the Industrial Sector: The Function and Activities of the Treuhandanstalt," Cambridge Journal of Economics, Cambridge Political Economy Society, vol. 17(3), pages 333-348, September.
    2. Naujoks, Petra & Sander, Birgit & Schmidt, Klaus-Dieter, 1992. "Von der Privatisierung zur Sanierung - Kursänderung bei der Treuhandanstalt," Open Access Publications from Kiel Institute for the World Economy 1541, Kiel Institute for the World Economy (IfW Kiel).
    3. Carlin, Wendy, 1993. "Privatization and Deindustrialization in East Germany," CEPR Discussion Papers 892, C.E.P.R. Discussion Papers.
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    Cited by:

    1. Gupta, Asha, 1998. "Privatization in East Germany: Can the Treuhandanstalt provide a model?," Kiel Working Papers 849, Kiel Institute for the World Economy (IfW Kiel).

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