A New Legal Institute of Slovenian Law: Public-Private Partnership

Bojan Ticar
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Bojan Ticar: Faculty of Criminal Justice and Security, University of Maribor; University of Primorska, Slovenia

No 703, CIRIEC Working Papers from CIRIEC - Université de Liège

Abstract: In the present article the author defines an institutional legal framework for public-private-partnership (PPP) as a new institute of Slovenian law. In the beginning of the article author opens the questions of EU law definition of PPP. According to his opinion PPP is not an unfitted and a regulated legal institute of EU law. The understanding of PPP differs from one Member State to another. Similarly does a question of public service definition. In the Slovenian legal system there are commercial and non-commercial public services. Two different legal regulations divide them. With a new law on PPP they are understood uniformly. In the next part of the article the author defines new forms of PPP as determined in the new law on PPP. These forms are two-fold: PPP as a special contractually-based PPP and PPP as a corporate-based-PPP. The former is a form of concession agreement or a form of public procurement agreement, while the latter being a form of a newly established or newly transformed legal person. In the next part of the article the author describes a new legal procedure and how the PPP arrangement will be constituted in the future. Author concludes the article with some open questions about the legal regulation of the PPP in the Slovenian legal system.

Keywords: Public-Private-Partnership; Public Service; Concession; Public Procurement; Public Enterprise; Public Institution (search for similar items in EconPapers)
Date: 2007-03
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Persistent link: https://EconPapers.repec.org/RePEc:crc:wpaper:0703

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