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Public-Private Partnerships and Concessions in the EU

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Public-Private Partnerships and Concessions in the EU

An Unfinished Legislative Framework

9781839105005 Edward Elgar Publishing
Edited by Piotr Bogdanowicz, Associate Professor, Warsaw University, Poland, Roberto Caranta, Full Professor, Turin University, Italy and Pedro Telles, Associate Professor, Copenhagen Business School, Denmark
Publication Date: August 2020 ISBN: 978 1 83910 500 5 Extent: c 240 pp
In view of the fact that public infrastructure, health and other services are being more consistently delivered through Public-Private Partnerships (PPPs) and concessions; this timely book explores these complex contractual arrangements involving cooperation between public and private sectors. It considers that PPPs have become increasingly prevalent following the financial crisis and examines the applicable legal regimes that are still, to a large extent, unclear to many.

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Critical Acclaim
Contributors
Contents
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As public infrastructure, health and other services are being delivered more frequently through Public-Private Partnerships (PPPs) and concessions, this timely book explores these complex contractual arrangements involving cooperation between public and private sectors. It considers how PPPs have become increasingly prevalent following the 2008 financial crisis and examines the applicable legal regimes that are still, to a large extent, unclear to many.

Containing in-depth investigation into EU law and comparative national experiences in relation to PPPs and concessions in 7 EU Member States and the UK, the contributions in this incisive book address the weak points in the current legal regime. Chapters analyse the risks faced by contracting authorities in connection to PPPs and concessions while highlighting good practices from different countries that may be considered for wider adoption across the EU.

Public-Private Partnerships and Concessions in the EU will be a key resource for scholars and students of public administrative law and businesses seeking to procure contracts to create PPPs, as well as being of value to practitioners and policy makers at both EU and national levels.
Critical Acclaim
‘Public-Private Partnerships and Concessions are a crucial tool for organizing public services and delivering much needed infrastructure works. However these instruments and their legal character remain a topic for discussion. This book is therefore timely. The authors discuss the origins, its characteristics and include nine chapters providing country specific in-depth analysis. This book is a must-read for anyone interested in Public-Private Partnerships and Concessions in the European Union. Including subtile convergences and divergences this book illustrates the growing importance of comparative legal research in Europe.’
– Steven Van Garsse, University of Hasselt and University of Antwerp, Belgium

‘This volume highlights the problematic issues in the regulation of Public-Private Partnerships and Concessions within the European Union. This well-structured collection displays historical development of relevant law, nine national chapters as well as one comparative law chapter. The authors have succeeded in giving a clear account of how the two overlapping concepts of Public-Private Partnerships and Concessions lack sufficient indication as to their distinctions and potential differences in their regulation. This is an important addition to the literature on government contracting that offers valuable contributions to public procurement law research.’
– Marta Andhov, University of Copenhagen, Denmark
Contributors
Contributors include: P. Bogdanowicz, K. Bonsignore, R. Caranta, P. Cerqueira Gomes, A. Christidis, M.E. Comba, D.C. Dragos, N. Gabayet, C. Krönke, P. Patrito, C. Risvig Hamer, P. Telles, P. Valcárcel Fernández, R. Vornicu
Contents
Contents:

Foreword viii
Table of cases xi
1 Regulation of PPP and concessions in European Union
law – different but equal? 1
Piotr Bogdanowicz
2 An intellectual history of concessions and PPP law 17
Roberto Caranta and Paolo Patrito
3 Concessions and PPPs in Denmark 37
Carina Risvig Hamer
4 Public-private partnerships and concessions in France 52
Nicolas Gabayet
5 PPP and concessions in Germany 71
Christoph Krönke
6 PPPs and concessions in Italy: lots of good intentions,
hindered by a highly complicated regulation 89
Katia Bonsignore and Mario E. Comba
7 Public-private partnerships and concessions in Poland:
the story of the ugly duckling? 114
Piotr Bogdanowicz
8 PPPs and concessions in Portugal 129
Pedro Cerqueira Gomes
9 Concessions and PPP in Romania 146
Roxana Vornicu and Dacian C. Dragos
10 Works and service concession contracts: the way to boost
PPP in Spain? 168
Patricia Valcárcel Fernández
11 The regulation of public-private partnerships and concession
contracts in the UK 189
Pedro Telles and Aris Christidis
12 Challenges with concessions and public-private partnerships
within the EU and national legal regimes 207
Pedro Telles
Index 215

This title is available for institutional purchase via Elgaronline.

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