Neli Garbuzanova, Yoana Blyahova

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 1, Page 44 - 50

Oana Vodă, Dacian C. Dragoș

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 4, Page 270 - 283

The fine line between public land leasing and service/ works concessions is a topic that was not addressed and investigated by the legal doctrine in the context of the Directive 2014/23/EU on the award of concession contracts. The article aims at analysing the criteria stemming fromthe EU concessions legal framework and from the case law of the European Courts (the Court of Justice of the European Union (CJEU) and the European Free Trade Association (EFTA) Court) under which land leases for the exploitation of public domain would be considered works or service concessions and subjected to the rules of Directive 23/2014/EU. Keywords: land lease, public works contract, concession, public service contract

Petra Ferk, Boštjan Ferk

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 3, Page 255 - 259

Alberto Germani, Karl Zeller

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 125 - 130

This article describes the authors’ experience with Public Private Partnerships (PPPs) being dealt with by the Italian Autonomous Province of Bolzano/South Tyrol. All PPPs considered by the Province and other local authorities must be compulsorily envisaging the enforcement of an effective performance control system during operations, in order to provide a timely assessment of key performance indicators (KPIs) and, in case of non-compliance, to levy relevant penalties to the private partner. Measuring a concessionaire’s performance during operation stage in PPP arrangements is an essential requirement set forth by European standards, in order for PPPs to be accounted off public balance. In the Guide to Statistical Treatment of PPPs, Eurostat sets out that PPP contracts must contain provisions that allow for the Operational Payments to be adjusted for unavailability of the asset and poor service performance by the private partner. Unlike concessions, where the private party bears most of the risks and the majority of revenues come directly from user charges, in PPPs the public party is the major purchaser of the services provided by the operator. The investment repayment is assured for the greatest part by regular availability-based payments granted by the acquiring administration throughout contract duration. In the latter case, it is essential to ensure that a substantial risk portion is transferred to the private party, by contractually defining a clear set of performance levels to be matched during Operations, and making sure that an efficient and sound performance control system is in place to check if requirements are met. Keywords: PPP; concession; PAB; KPI; performance indicator

Sara Gobbato

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 1, Page 61 - 63

George Nwangwu

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 285 - 292

As Nigeria expands the use private sector led procurement mechanisms, like Public-Private Partnerships (PPPs), Joint Ventures and privatization for the delivery of infrastructure projects, one of the contentious issues has been the appropriate legal framework for the procurement of these infrastructure projects as there are a number of conflicting legislations that regulate these transactions. Also, issues have arisen in determining the rightful agencies responsible for such procurements as disputes and infighting have occurred amongst the different institutions created by enabling legislations. There exist multiple laws, regulations and guidelines and even applicable processes for dealing with issues like unsolicited proposals. This has led to manifest uncertainties and impairs the credibility of the process. This paper attempts to resolve some of these issues and distil the appropriate procurement rules for delivering private sector financed infrastructure projects.

Steven Van Garsse

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 4, Page 293 - 300

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts and public procurement Directives 2014/24 and 2014/25 were transposed into the Belgian legal system by the Public Procurement Act of 17 June 2016 and the Concession Act of 17 June 2016. The legislation entered into force on 30 June 2017. The main features of the public procurement and concessions regulations are in line with the European Directives. Belgian public procurement and concession rules are not a slavishly copy of the directives however. This contribution discusses some particularities and choices made by the Belgian legislator. A number of provisions are criticized, especially as doubts arise as to their compatibility with European Law. Keywords: Public Procurement; Concessions; Legislation; Implementation; Particularities.