Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 2 (2007), Issue 2, Page 1

Editorial Based on a introduction to and overview of the German PPP Market in general, Hans Wilhelm Alfen and Susann Vollrath give a market insight of PPP public real estate projects in Germany. They discover a persistent growth of the German PPP market in the data on realised and scheduled projects. The authors also expect that the upward tendency in the PPP activities in Germany will continue and finally reach an international level. The centra

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 2 (2007), Issue 1, Page 5

I. Introduction One of the most important ingredients for the applicability of the Public Sector Directive is the existence of a public contract. What determines the nature of a public contract is not the legal regime that governs its terms and conditions and the relations between the parties. The crucial characteristic of a public contract for the purpose of the Public Sector Directive is the makeup of the parties to that contract. More specifically,

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 2 (2007), Issue 1, Page 4

Editorial Acceleration of PPP development on the national level through legislative activities? A number of country reports in this journal constantly reflect complaints about a slow development of PPP in several member states of the European Union. These complaints also echoed through the PPP world in Germany for many years. Since 2003, the trend changed and, as can be seen in the documentation by Hans Wilhelm Alfen and Andreas Leupold

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 1 (2006), Issue 1, Page 9

I. The emergence of the Private Finance Initiative The Private Finance Initiative (PFI) represents a process of public sector management which envisages the utilisation of private finances in the delivery of public services and the provision of public infrastructure. The Private Finance Initiative has arrived in times when the role and the responsibilities of the state are being redefined and also has been seen as part of a process of sliming the stat

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 1 (2006), Issue 1, Page 6

Editorial The Development of Public Private Partnerships at European level The term public private partnership is not defined at European Union level. Public private partnerships denote a contractual format between public authorities and private sector undertakings. Such relations aim at delivering infrastructure projects, as well as many other schemes in areas covering transport, public health, education, public safety, waste management and wate

Christopher Bovis

European Procurement & Public Private Partnership Law Review, Volume 1 (2006), Issue 1, Page 5

I. Introduction A new Public Procurement regime1 which governs the award of public contracts in the supplies, works and services sectors, as well as in utilities is operational since 31 January 2006. The new Public Procurement Directives have been seen as and integral part of the Commission’s 2000 Work Programme, which pledges to modernise the relevant legislation for the completion of the internal market and at the same time implement the Lisbon Euro