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Author: John Kitsos

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Privatisation and Public Private Partnerships: Defining the Legal Boundaries from an International Perspective journal article

John Kitsos

European Procurement & Public Private Partnership Law Review, Volume 10 (2015), Issue 1, Page 17 - 28

PPP as an innovative public procurement tool for the provision of public services and/or the construction of public works are nowadays globally presented, on the one hand as the newest and most important, on the other hand as the most advanced and flexible form of a lower-intensity privatisation method that indicates the withdrawal-retreat of the State from its public-character duties and functions. PPPs are therefore a species of privatisation having already developed distinctive features in comparison to the various forms of the privatisation phenomenon. However, both techniques are delimited by certain constitutional limitations on the private-sector involvement in public functions and administrative activities. The international experience gained so far from the implementation of various privatisation programmes worldwide stresses the fact that privatisation cannot always be expected as an easy and fast process that can rapidly be remunerative for the financially-ailing governments, since in practice it may result in a rather protracted and long-term procedure so as to attract a solid investment interest on the part of the private sector. Contrary to full-outright privatisation, which may meet explicit constitutional barriers, the promotion of a privatisation doctrine through the recourse to PPPs as a lower-intensity privatisation method, can sometimes realise the attraction of the private sector to invest in areas where his full involvement would in any case infringe the Constitution.

Public Procurement – Meaning of ‘Public Works Contract’ – Scope of the Principle of ‘Res Judicata’ journal article

Annotation on the Judgment of the Court of Justice (Second Chamber) of 10 July 2014 in Case C-213/2013 Impresa Pizzarotti & C. Spa v Comune di Bari and Others

John Kitsos

European Procurement & Public Private Partnership Law Review, Volume 10 (2015), Issue 3, Page 207 - 212

On a proper construction of Article 1(a) of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, where the main object of a contract is the execution of a work corresponding to the requirements expressed by the contracting authority, that contract constitutes a public works contract and is not, therefore, covered by the exclusion referred to in Article 1(a)(iii) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, even if it contains an undertaking to let the work in question. To the extent that it is authorised to do so by the applicable domestic rules of procedure, a national court – such as the referring court – which has given a ruling at last instance, without a reference having first been made to the Court of Justice of the European Union under Article 267 TFEU, that has led to a situation which is incompatible with the EU legislation on public works contracts must either supplement or go back on that definitive ruling so as to take into account any interpretation of that legislation provided by the Court subsequently.

Greece: Upgrading Transport Networks Through Construction Contractors’ Financing: The Case of the Self-Financed Motorways in Greece journal article

John Kitsos

European Procurement & Public Private Partnership Law Review, Volume 9 (2014), Issue 4, Page 282 - 286

I. The Development of TEN-T in Europe Through Private-Sector Financing The creation of the Single European Market necessitated un espace without internal frontiers where free movementofgoods, services, capital andpersons could be ensured.Europe lackedthe important infrastructure on which this marché intérieur could be established and it was soon clear that the development of Trans- EuropeanNetworks (TEN), andamongst themtheones for Transport,was a

Construction Investments in Public Works through Public Private Partnerships journal article

John Kitsos

European Procurement & Public Private Partnership Law Review, Volume 9 (2014), Issue 3, Page 202 - 208

Based on international experience, Public Private Partnerships and Concession Contracts can be identified as solutions to facilitate Greece’s recovery (the so-called “Grecovery”) and the return to sustainable economic growth. Such public-private cooperations for public infrastructure development have been in use for decades in Greece, mainly for the construction of new public works and with extremely successful results, but in the current unprecedented economic downtu

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