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Legal Analysis of State Support in Public Private Partnerships in Turkey journal article

Bahar Bayazıt

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 209 - 215

Public-Private Partnerships (PPPs) became an important part of public service delivery in Turkey as many of the infrastructures are built via PPP models, even though there is a lack of harmonised and unified PPP legislation. State support is given to project companies in order to reduce the assumed risks and consequently ensure the value for money in PPPs. Even though state supports are expected to be a balancing mechanism so as to realize value for money in the projects, state support is given and paid to project companies so far in Turkey shows that they are used in order to attract the private sector into PPP projects rather than ensuring value for money. Keywords: guarantees, public private partnerships, State support, value for money, Turkey


State Support under PPP journal article

New Challenges in the Context of the UN Sustainable Development Goals

Iryna Zapatrina

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 326 - 337

In recent years, the attitude toward the Public-Private Partnership (PPP), its role in infrastructure development and in overcoming inequalities in the world is constantly changing. New challenges, in particular those related to the approval of the UN Sustainable Development Goals 2030, require the use of new approaches to the implementation of projects involving private business. Completely new models of public-private partnership are emerging, for example, the ‘People First PPPs’ actively promoted by the UNECE. All these circumstances break the longstanding understanding of the role of public authorities, private business and the society in the framework of PPPs in relation to ensuring sustainable development in the world and require the expansion of rights and responsibility to people of partners in PPP projects, including for the achievement of the national indicators of SDGs. One of the important tasks in this area is the improvement of approaches to State support under PPP. To resolve this task a revision / clarification of the forms of such support as well as its principles and conditions should be provided. This paper analyses the problems that exist in this area in the transition-economy countries based on the experience of Ukraine and contains the author’s recommendations on how some of these problems could be resolved. Keywords: Public-Private Partnership (PPP); State support under PPP; State aid; People First PPPs; State guarantees under PPP; Availability Payments.

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