EPPPL 3/2011


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Issue 3/2011

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Christopher Bovis
Editorial
European Public Private Partnership Law Review 3/2011: pp. 105-110 [Editorial]
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During 2009–10, public contracts worth around €420 billion were advertised in accordance with the EU Public Procurement Directives. The aim of these rules is to ensure that the relevant public purchasing contracts are open to competition for suppliers across the internal market. At the same time, EU law does not restrict the freedom of a contracting authority to perform the public interest tasks conferred on it by using its own administrative, technical and other resources, without being obl...

Robert Muharremi
Public Private Partnership Law and Policy in Kosovo
European Public Private Partnership Law Review 3/2011: pp. 111-119 [Article]
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I. Introduction Kosovo is increasingly trying to utilize Public Private Partnerships as an instrument to attract domestic and foreign private sector investment in providing public infrastructure and public services. Before the declaration of independence in 2008, while Kosovo was administered by the United Nations Interim Administration Mission in Kosovo (UNMIK), Public Private Partnerships were introduced as a public policy instrument into Kosovo’s new legal system, though no projects were im...

Marcel Ruhlmann
Public Private Partnership in Ukraine in the Run-Up to the European Football- Championship 2012
European Public Private Partnership Law Review 3/2011: pp. 120-129 [Article]
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I. Introduction Ukraine will be the host country for the European football championship 2012 (EURO 2012) along with Poland. In preparation for this event new roads are being built to link the capital Kiev with other Ukrainian cities, the airports are being modernized or enlarged and the public transport system is being overhauled. These huge investments have raised the question whether they could be realized in the form of PPP. While the other host country Poland as an EU member country has been...

Tobias Indén
IPPP – The Long-Term Perspective
European Public Private Partnership Law Review 3/2011: pp. 130-136 [Article]
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This article analyses some of the issues that may arise in connection with the conclusion of an IPPP project and with the initiation of the public procedure for the next contractual term. In particular, the article focuses on how to deal with the fact that the previous private partner has acquired in-depth knowledge of the enterprise, such as its cost situation and any agreements the enterprise has entered into with a third party, at the same time that the public entity, in selecting its new par...

Grith Skovgaard Ølykke
The Legal Basis Which Will (Probably) Never Be Used: Enforcement of State Aid Law in a Public Procurement Context
European Public Private Partnership Law Review 3/2011: pp. 137-146 [Article]
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This article analyses the provision in the Public Procurement Directive providing for the possibility to reject tenders as “abnormally low” when the tender is tainted by illegal State aid. Due to developments in public procurement case law and generally in the Member States, where liberalisation leads to situations where public tenderers tender in competition with private tenderers, there is an obvious need to control the use of illegal State aid to secure public contracts, to ensure that co...

Mohamed A.M. Ismail
International Infrastructure Agreements and PPPs in Developing Countries: Substantive Principles
European Public Private Partnership Law Review 3/2011: pp. 147-159 [Article]
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I. Overview The growth of construction and industrial projects in international public works agreements has significantly increased in recent decades, particularly in Middle Eastern and Latin American countries. International public works agreements have played a considerable role in the infrastructure sector in the region starting with the economic expansion of the Arab Middle Eastern states since the second half of the last century and until the present. The political and economic ideology of ...


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