Skip to content

Keyword: Portugal

  • «
  • 1
  • »

The search returned 3 results.

Public-Private Partnerships with No Contractual Base Case: journal article

Adjusting for the Impacts of Covid-19

António Martins

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 1, Page 40 - 49

The purpose of this article is to discuss a method for compensating a private concessionaire for cash flow losses related to Covid-19 suffered in 2020 and 2021. The analysis is based on a public-private partnership (PPP) set up to exploit surface parking lots, signed between a Portuguese municipality and a private corporation. The contract has no financial base case. The article concludes that a base case is not an obstacle to calculate this type of compensation, that the previous performance of the contractor is a reasonable basis to estimate losses and the forecasts extending to 2026 are a good schema with which to estimate the extension of the concession period claimed by the Petitioner. The arbitration court deciding the corporation’s claim has valid reasons for an equitable decision. Keywords: public-private partnerships; Covid-19 losses; financial base case; Portugal

Directive 2014/24/EU and the Implementation of e-Procurement in Portugal – Part II journal article

Raquel Carvalho

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 2, Page 70 - 78

This Part II concludes the paper published in EPPPL 1-2019 regarding the implementation of e-procurement in Portugal. In Part I, the evolution regarding e-procurement provisions within Public Procurement Directives from 2004 to 2014 was addressed. Part II now addresses how both the Public Contracts Code and the specific legislation regarding electronic platforms have transposed the 2014 Public Procurement Directives into internal law, namely: (i) how the transposition of articles 29, 22, 40 and annexes of the 2014 Directives was made [not only the legal regime but also how some litigious questions were taken (and solved) to national administrative courts]; (ii) how the first intention of the Legislator to transpose the 2014 Directives went; and (iii) how they were actually effectively transposed. As already referred to in Part I, the transposition of the 2014 Directives in Portugal was made through a two-step procedure. Article 22 of the 2014/24/Directive was regulated by Law 96/2015, a very extensive and complex regulation regarding e-procurement, while the remaining provisions of the 2014 Directives were transposed in 2017 after a period of public discussion of a very different draft. The path that has been built since 2004 is, thus, consolidated.

  • «
  • 1
  • »

News


Current Issue

Issue 1 / 2024