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.
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.
This guidebook offers training modules for the promotion of public-private partnerships in the delivery of public services. PPPs in theory are supposed to combine the best of both worlds. The private sector with its resources, management skills and technology; and the public sector with its regulatory actions and protection of the public interest provide a balance in delivering public service. PPPs though are also complex in nature, requiring different types of skills and new enabling institutions and they lead to changes in the status of public sector jobs. To work well, they require "good governance", that is, well-functioning institutions, transparent, efficient procedures and accountable and competent public and private sectors. This guidebook therefore seeks to elaborate best practice and is aimed at policymakers, government officials and the private sector.
ïThe Second Edition of EU Public Procurement Law provides a comprehensive view of the policies, legislation and cases that define this area of law. Written from a pan-European perspective, it will be a useful guide for students and practitioners alike. As well as describing the public contracts, utilities and remedies directives, this work details the European cases that have shaped the law and the relationship between procurement law and other forms of regulation such as state aid. Of particular interest to the practitioner, there are specific sections on remedies, evaluation criteria and different forms of procurement such as services concessions, public-private partnerships and public-public partnerships.Í _ Hazel Grant, Partner, Bristows, London, UK Acclaim for first edition: ïThis book will serve as an essential resource for anyone interested in the legal regime of public procurement. It offers a comprehensive and topical analysis of EU law and its interaction with national law and policies in an area of growing economic importance.Í _ Ruth Nielsen, Copenhagen Business School, Denmark In this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the its Member States. Public procurement represents an essential part of the Single Market project, launched by European Institutions in 2011. Its regulation will insert competition and transparency in the market and be a safeguard to the attainment of fundamental principles of the Treaties. This book demonstrates the impact of the relevant Directives on Member States through the development of the case law of the European Court of Justice and assesses the judicial review of public contracts at national level. It positions public procurement at the centre of the legal and policy debate surrounding the delivery of public services and the advancement of competitiveness and industrial policy in the EU. The book highlights the pivotal role of public procurement for the Europe 2020 Growth Strategy. Demonstrating the concepts and principles of public procurement, this comprehensive book will have a strong appeal to academic researchers, lawyers, judges, practitioners, and policymakers at the European, international and national levels as well as students of law, policy and management.
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 book offers an overview of international examples, studies, and guidelines on how to create successful partnerships in education. PPPs can facilitate service delivery and lead to additional financing for the education sector as well as expanding equitable access and improving learning outcomes.
Public-private partnerships (PPPs) are popular around the world, in part because they allow governments to secure much-needed investment in public services without immediately having to raise taxes or borrow. Yet, PPPs pose a fiscal danger because a government's desire to avoid reporting immediate liabilities may blind it to future fiscal costs and risks. Although PPPs may not blemish governments' reported fiscal statements in the short term, they do create fiscal obligations. This increases fiscal vulnerability and can result in poorly-designed PPPs. The extent of the danger depends on the fiscal institutions that shape and constrain government decisions toward PPPs. Such fiscal institutions affect decisionmaking incentives. Better fiscal institutions therefore can increase the chance that PPPs will be well designed and appropriately used.
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.
This path-breaking book considers the recent trend for governments to look increasingly to private sector finance, provided by private enterprises constructing and managing public infrastructure facilities in partnership with government bodies. 'The boundaries between the public and private sector are the most important political issue of our time.'
Voluntary sustainability standards (VSS) and other private governance instruments (e.g., Fair Trade, Forest Stewardship Council, Fair Wear Foundation, GLOBALGAP) are increasingly regulating global production processes and economic activities. VSS verify the compliance of products or production processes with sustainability standards. The importance of voluntary sustainability standards is now widely recognized. After being operational for more than two decades, they have established themselves as private governance instruments. This recognition is also exemplified by their integration in public regulatory approaches. Governments and international organizations are partnering with voluntary sustainability standards to pursue sustainable development policies. We witness the integration of VSS in the regulatory approaches of local and national governments in countries around the world, the integration of VSS in trade policies, the emergence of public–private initiatives to govern global supply chains, and the inclusion of private initiatives in experimentalist governance regimes. This Special Issue seeks to bring together research on the interface between private and public governance. We welcome contributions which analyze specific case studies on the emergence and development of these private–public interactions, the design of public–private governance, the effectiveness of these governance arrangements, and critical perspectives on the possibilities and limitations of such public–private forms of governance. We welcome multi-disciplinary perspectives including contributions from economics, political science, law, sociology, geography, and anthropology. Papers selected for this Special Issue are subject to a peer review procedure with the aim of rapid and wide dissemination of research results, developments, and applications.
