The Role of The Private Sector in Promoting The Operational and Financial Performance Efficiency of The Public Sector Companies (Tartos Port Case Study)

The study aimed at evaluating the success of Tartos Port Container Terminal investing by the private sector in promoting its operational and financial performance. The study analyzed the operational and financial indicators for the Container Terminal before and after the entrance of the private sector. The period of the study started from 2004 until 2010 by considering 2007 an intermediate year. The study used the appropriate statistical methods such as t- test and Mann Whitney Test for comparing the performance of the terminal before and after the entrance of the private sector. The study found significant improvement of operational and liquidity indicators and significant decrease of leverage and profitability indicators, and some notable recommendations were the necessary of doing some reforms on the public sector companies which can increase the flexibility and the speed of the decisions making process, and the possibility of relying on privatization and public private partnership to fix some public sector enterprises that became unable to compete with the private sector.

The Substantive Constitutional Constraints of Privatization

The substantive constraints of privatization initially deal with the question of whether a certain privatization is constitutionally permitted in the first place, or not, because many countries like France, protect the public services by the provisions of the constitution, and It is a common feature of constitutional texts that they include provisions defining the main branches of government - the executive, the legislature and the judiciary - and these provisions may be interpreted, that it would not be possible to completely privatize this functions.