Public Private Partnerships And Concessions In The Eu

In view of the fact that public infrastructure, health and other services are being more consistently delivered through Public-Private Partnerships (PPPs) and concessions; this timely book explores these complex contractual arrangements involving cooperation between public and private sectors. It considers that PPPs have become increasingly prevalent following the financial crisis and examines the applicable legal regimes that are still, to a large extent, unclear to many.

This book investigates public-private partnerships, with special reference to the law of the European Union and the Member States. It deals in detail with what public-private partnerships are, whether and how they are regulated, and whether the concept carries meaning outside the regulatory framework. Based on detailed analysis, the author offers conclusions on how public-private partnerships should develop and be regulated in practice, and provides a solid basis, including a comprehensive review of the relevant literature, for further research. This book will be important to researchers and students in political law and regulation, as well as practitioners and policy makers. Although the examples studied are from the European Union, the conclusions will be applicable worldwide.

Providing a one-stop shop, multi-disciplinary approach to public procurement, Public Private Partnerships in the European Union offers its readers a practical description and analysis of the relevant policies, law and jurisprudence and explores possible future trends in public procurement regulation.

Public procurement law is a necessary component of the single market because it attempts to regulate the public markets of Member States and represents a key priority for the European Union. This Research Handbook makes a major contribution to the understanding of the current EU public procurement regime, its interface with the law of the internal market and the pivotal role that this will play in the delivery of the European 2020 Growth Strategy.

Over the last thirty years Public Private Partnerships (PPPs) have been used to deliver transport capital projects and services. PPPs are complex arrangements that require a multi-disciplinary approach in order to assure their success, though research on the subject has been fragmented. This book fills the gap in existing literature by providing insight into these complex arrangements at their various stages of development. Public Private Partnerships in Transport: trends and theory is structured to follow the life-cycle of a PPP project and strikes a balance between theory and practice. Divided into four parts, each section highlights major concerns and offers and array of views and policy recommendations. Parts include context for national implementation, decision models, performance measures and efficiency standards. This book includes an expanded discussion on the findings presented, discussed and analysed at the closing event of the COST Action TU1001 network on the topic of PPPs in transport. The result will be of significant interest to the academic community, policy makers and practitioners.

By merging public and private tangible and intangible capitals, Public Private Partnerships contracts (PPP) are fundamental to generate public value and to support economic and social development; in the aftermath of Covid-19 pandemic, they prove critical to pave the way for the recovery. This book is intended to support the co-evolution of the main public and private players involved in PPP contracts for infrastructure and service delivery, by providing principles, based on the academic and professional experience of the authors, that can be applied across sectors and jurisdictions. Drawing on the framework of public-private collaborations at macro, meso and micro level, this book provides a practical perspective on the most relevant legal, financial and contractual issues of PPP contracts for infrastructure and service delivery.

This book deals with an increasingly important topic. As governments are expected to provide their citizens with more services at less cost, the traditional vehicles of public sector agencies and companies prove to be too expensive. New forms of providing public services are needed. The study explains the basis for public ownership and how public ownership forms have changed over time to accommodate requirements of efficiency in economic and social environments that have become more complex. The book examines experiences in specific sectors and the form of management of public companies that have emerged, with a particular focus on the energy and communications sectors where government ownership has traditionally dominated.

Investment in infrastructure can be a driving force of the economic recovery in the aftermath of the COVID-19 pandemic in the context of shrinking fiscal space. Public-private partnerships (PPP) bring a promise of efficiency when carefully designed and managed, to avoid creating unnecessary fiscal risks. But fiscal illusions prevent an understanding the sources of fiscal risks, which arise in all infrastructure projects, and that in PPPs present specific characteristics that need to be addressed. PPP contracts are also affected by implicit fiscal risks when they are poorly designed, particularly when a government signs a PPP contract for a project with no financial sustainability. This paper reviews the advantages and inconveniences of PPPs, discusses the fiscal illusions affecting them, identifies a diversity of fiscal risks, and presents the essentials of PPP fiscal risk management.

The Model Legislative Provisions and the Legislative Guide on Public-Private Partnerships were prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted at its fifty-second session (Vienna, 8-19 July 2019). In addition to representatives of member States of the Commission, representatives of many other States and of several international organizations, both intergovernmental and non-governmental, participated actively in the preparatory work. The Model Legislative Provisions translate into legislative language the advice given in the recommendations contained in the Legislative Guide. The Model Legislative Provisions are intended to assist in the establishment of a legislative framework favourable to public-private partnerships (PPPs). The Model Legislative Provisions follow the corresponding notes in the Legislative Guide, which offer an analytical introduction with references to financial, regulatory, legal, policy and other issues raised in the subject area. The user is advised to read the Model Legislative Provisions together with the Legislative Guide, which provide background information to enhance understanding of the legislative recommendations. The Model Legislative Provisions deal with matters that it is important to address in legislation specifically concerned with PPPs. They do not deal with other areas of law that, as discussed in the Legislative Guide, also have an impact on PPPs. Moreover, the successful implementation of PPPs typically requires various measures beyond the establishment of an appropriate legislative framework, such as adequate administrative structures and practices, organizational capability, technical expertise, appropriate human and financial resources and economic stability.