EPPPL - European Procurement & Public Private Partnership Law Review

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The search returned 6 results.

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 124 - 137

This article explores the exclusion of certain legal services from Directive 2014/24/EU, in relation to the Italian case, where the notion of ‘contract’ (‘appalto’) is opposed to the ‘intellectual/professional work contract’ (‘contratto d’opera’), although the concept of ‘contract’, not that of ‘appalto’, does appear in the European directives. So, with reference to the single legal assignment, a lot of attention must be paid to the terminology. In addition, on the assumption that a public utilitas, albeit modest, must be made contestable, more and more within a traditionally closed market of consolidated (hereditary, I would say) positions that in some ways reproduce a medieval feudal system, it is clear that, by way of a public evidence, some ‘grey areas’ of public administration, where the management of the res publica is intertwined with business and clientelism, generating corruption and malfeasance, in any case precluding impartiality, would be eliminated at the root. Keywords: public procurement, national legislation, exclusion of certain legal services, principles of equal treatment and subsidiarity

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 3, Page 197 - 202

This paper explores the exclusion of certain legal services from Directive 2014/24/EU, in relation to the judgment of the CJEU in the P.M. e a. Case, stating that legal services provided by a lawyer are to be conceived only in the context of a relationship intuitu personae between the lawyers and their client, characterised by the utmost confidentiality and by the free choice of representative, at the same time leaving for national legislatures to determine whether those services should be subject to public procurement rules. Keywords: Public procurement; National legislation; Exclusion of certain legal services; Principles of equal treatment and subsidiarity.

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 2, Page 138 - 146

In order to demonstrate the peculiarity of the concession in the Italian context, it may be useful to provide a quick comparison between what is considered the European concession par excellence, i.e. Eurotunnel (The Channel Fixed Link, 1986) – a project finance where the concessionaire has agreed to conceive the operation at all stages, from the preliminary analysis of feasibility to the design, financing, unto construction and management (although it has largely preceded the jurisprudence of the Court of Justice and the Directive 2014/23/EU, history has shown that effectively the operating risk has been placed into the hands of the concessionaire, who has repeatedly had to renegotiate on debt restructuring with his private sector creditors in order to avoid bankruptcy) – and the recent interventions regarding the Lombardy region (BreBeMi, Pedemontana, TEEM). The second ones are the most glaring examples of Italian home-grown motorway infrastructure, passed off under the label of “concessions” as apparently realised through a project finance but in reality they constitute something different. The intent is indeed to show that in Italy the “European concession” does not exist.

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 234 - 240

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 183 - 191

It is interesting to note the progressive strategic value assumed by public procurement contracts, which, given the huge amount of demand they convey, can exert a great influence on the supply side. The claims of cost-effectiveness and efficiency of the single market have gradually had to acknowledge the inclusion of social and environmental issues in the awarding procedures of public contracts in order to adapt to sustainable development and smart technological innovation. The Public-Private Partnership (PPP) is suitable for such an operation adopting the philosophy of maximum flexibility and learning-by-doing, in an environment of public-private collaboration which may go as far as to encompass the population. Keywords: Sustainable Procurement and PPP; Innovation; Environment; Risk Allocation.

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Volume 11 (2016), Issue 4, Page 370 - 376

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.

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