[Economics] How the German highway-grid is privatized

The highway network in Germany originally belongs to the federal government. Civil property is assigned to the federal government in accordance with Article 90 of the Basic Law. The sale to private companies remained excluded.

Basic Law Article 90:
(1) The federal government is the owner of the federal motorways and other federal highways. The property is not be sold. [1]

In 2017 the article 90 was then amended as follows:

(2) The administration of the federal highways is done by the federal administration. The federal government may use a private corporation to commence its duties. This company shall remain property of the federal government . The details are stated by a federal law. [1]

But this does not rule out that usage rights can be transferred to private companies on a large scale. Consequently private companies can be involved unnoticed. And with a simple majority a corporation for the administration of the federal motorways could additionally be transformed into a stock corporation. A car toll has also been decided by now. It is planned that German citizens can refund the amount for the car toll from their car tax. However this contradicts EU law as citizens of different EU member states are treated differently. That is why Austria has already announced that it will file a lawsuit against the toll. [2] [3] [4] In the future car owners will pay for the right to use highways that are already paid. And a corporation for the administration of the federal highways could also get the control over the toll fees. In this way car owners would then pay twice.

Experts warned early on about the risk of such privatization. The government does not prevent privatization and opens the motorway network for investors. [5] And the federal agency of auditors (Bundesrechnungshof) has already complained that 5 out of 6 public-private-partnership (PPP) built motorways have caused enormous additional costs. The privatizations of the federal government are thus issued a very dire warning. In a hearing the federal agency of auditors (Bundesrechnungshof), the trade union (DGB), the association civil property for civilians (Gemeingut in Bürgerhand) as well as administrative scientists issued a warning. There they refuted the fairy tale there would be no privatization. [6]

The Left Party publicly argued against this practice. Her consent was not necessary. Even without the Left Party a majority would have been achieved. [7] Nevertheless the Thuringian state government under Bodo Ramelow of the Left Party in the Bundesrat voted for the change and thus for the privatization. [2] [3]

[1] Drucksache 18/11131 2017-02-13
http://dip21.bundestag.de/dip21/btd/18/111/1811131.pdf
[2] Wie Thüringen bei der Maut vor Bayern einknickte 2017-03-31
https://www.sueddeutsche.de/politik/pkw-maut-wie-thueringen-bei-der-maut-vor-bayern-einknickte-1.3445420
[3] Bundesrat gibt Weg für Pkw-Maut frei 2017-03-31
https://www.faz.net/aktuell/wirtschaft/wirtschaftspolitik/laenderkammer-bundesrat-gibt-weg-fuer-pkw-maut-frei-14950892.html
[4] EU-Kommission und Deutschland einigen sich auf gerechte und diskriminierungsfreie Maut 2016-12-01
http://www.spiegel.de/wirtschaft/soziales/auslaender-maut-bundestagsjuristen-nennen-dobrindt-plan-rechtswidrig-a-984169.html
[5] Experten sehen Gefahr der Privatisierung 2017-03-27
https://www.bundestag.de/presse/hib/2017_03/-/500784
[6] Gutachten des Bundesbeauftragten für Wirtschaftlichkeit in der Verwaltung 2013-09-24
https://www.bundesrechnungshof.de/de/veroeffentlichungen/gutachten-berichte-bwv/berichte/langfassungen/2013-bwv-gutachten-wirtschaftlichkeitsuntersuchungen-bei-oeffentlich-privaten-partnerschaften-oepp-im-bundesfernstrassenbau
[7] Privatisierung der Autobahn - Heute dagegen, morgen dafür 2018-06-01
http://www.taz.de/!5411783/