Implementation of public tasks

Dutch central government has outsourced a large number of public tasks to implementing organisations. The most important implementing organisations are agencies and autonomous administrative authorities. Agencies fall under the responsibility of a government ministry; autonomous administrative authorities do not. 

Autonomous administrative authorities

Government policy aims to make the responsibilities and powers relating to the implementation of public tasks transparent for parliament. Wherever possible, central government’s public tasks should be fully covered by ministerial responsibility. However, some tasks are assigned to an autonomous administrative authority. Sometimes, for example, the European Union requires a public task to be carried out independently.

There are considerable differences between the various autonomous administrative authorities. For example in the following areas:

  • whether the authority is constituted under public or private law. A legal person constituted under public law is established in an official government document. A legal person constituted under private law is established in an agreement between two or more parties;
  • whether or not the authority can take part in private law transactions in its own right;
  • whether the authority applies central government’s rules on legal status to its own staff. 

Ministerial powers

A minister’s powers over an autonomous administrative authority depend partly on the characteristics mentioned above. The standard division of powers between the line minister and the various types of autonomous administrative authorities is laid down in the Autonomous Administrative Authorities Framework Act. This gives parliament a relatively simple way of knowing what the minister can be held to account for. 

Register

All autonomous administrative authorities are listed in the register of autonomous administrative authorities. If the standard division of powers does not apply to a specific autonomous administrative authority, this is also indicated in the register. 

Decision-making framework

The decision-making framework contains guidelines for the decision-making process on the privatisation and outsourcing of public tasks.