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The Evolutionary Path of the Public-Private Partnerships (PPPs) within the Trans-European Networks (TENs): an Overview

Marco Ceruti

DOI https://doi.org/10.21552/epppl/2016/4/15

The paper explores the emersion and establishment of the Public-Private Partnerships (PPPs) in the context of the realisation of the Trans-European Networks (TENs). Since these latter require huge amounts of funding, the public sector needs the support from the private sector. In addition, because they do imply complex and long-term contractual arrangements, the endorsement and participation of the private subjects is necessary. As long as the private parties have to assume risks inherent to operations in the public interest, a certain framework so as to allow them to manage such a task must be assured. In essence, the Public-Private Partnerships (PPPs) consist of a quid pluris compared to concessions and represent a set of contracts, originated from the need to build the Trans-European Networks (TENs) aiming at the performance of services of general interest (social, environmental) and the formation, consolidation and growth of a true market of private capitals in infrastructures, which are at the moment hampered by the legal uncertainty that reigns in the sectorial European law.

Marco Ceruti, Ph.D. at the Department of Law, Economics and Humanities, Insubria University, Como, Italy; member of the editorial board for the Observatory on public procurement law of the University of Trento. DOI: 10.21552/epppl/2016/4/15


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