The legal framework of the EU towards public-private partnerships

Abstract

This paper presents an overview of the basic elements of the status of public-private partnerships in community law. Displays an overview of EU legislation that deals with the PPP and the basic principles of community law and their impact on PPP arrangements. In particular, analyzes Articles 56 and 49 of the EU Treaty on the freedom to provide services and freedom of establishment and the positive provisions on transparency, and examples from the case law of the European Court of Justice. It analyzes the Public Procurement Directives of the European Commission and its impact on PPP. In particular, we analyze the relationship Directive as concessions as a PPP model and other contractual PPPs, as well as their position in relation to the EU Treaty and the fundamental principles of community law. In conclusion summarizing the shortcomings of the current EU legislative framework in relation to PPP.

Keywords

• Community law
• public-private partnerships
• EU public procurement Directives