Public-Private Partnership: An Analysis of the Legal Features of PPP Instrument in the Albanian Reality
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Ensuring high productivity in public services has been required to be achieved by reducing costs and at the same time by raising standards. This is indeed a challenge intended for which the public sector has turned its eyes on the market. The latter's mechanisms and management methods used by the private sector in the production and delivery of services have become the management philosophy that has characterized public sector reforms in recent decades. Nowadays the main objectives of public sector organizations are to reduce costs and increase the efficiency of operations, which has steered these organizations towards the outsourcing model. Transferring or subcontracting a private entity for some of the operations of public institutions is a concept already known to public sector managers. Heads of various public institutions see the transfer of part of their operations or all operations to private entities as the proper way to provide added value public services. One of the widely used ways of engaging private parties in public projects is the Public Private Partnership (PPP). Implementation of this public-private partnership ensures immediate service availability, debt and public budget avoidance, management, technology and higher performance in service standards and contract enforcement. This type of engagement requires a great deal of attention to the legal framework in order for the private sector to participate in public affairs and services in a regular and reasonable manner and also in order to protect the public interest, maximize the value for money and ensuring appropriate risks sharing.
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References
-
OECD (1993): Public Menagement Development Survey. Paris
Google Scholar
1
-
New South Wales Treasury (2009): New South Wales Public-Private Partnership-An Evolution
Google Scholar
2
-
OECD (2009): Bridging State Capacity Gaps in Situations of Fragility
Google Scholar
3
-
Introduction to Public Private Partnerships, Participant Handbook, November 2012, Version 2, Central Department for Public Private Partnerships - Ministry of Finance, Republic of Kosovo.
Google Scholar
4
-
European Commission 2003: Guidelines for successful public-private partnership.
Google Scholar
5
-
Deloitte Research (2006)
Google Scholar
6
-
Allan, J. R. (1999): Public-Private Partnerships: A Review of Literature and Practice; Bettignies, J. and T.W. Ross (2004): The Economics of Public Private Partnerships.
Google Scholar
7
-
Savas, E. (2000): Privatisation and Public-Private Partnerships.
Google Scholar
8
-
Grimsey, D. and M. Lewis (2004): Public-Private Partnerships: The Worldwide Revolution in Infrastructure Provision and Project Finance.
Google Scholar
9
-
Constitution of the Republic of Albania.
Google Scholar
10
-
Law No.9936, dated 26.6.2008 “On the management of the budgetary system in the Republic of Albania”.
Google Scholar
11
-
Law No.44/2015 “Code of Administrative Procedures of the Republic of Albania”.
Google Scholar
12
-
Law No.125/2013, as amended by Law No.88/2014 and Law No.77/2015 “On Concessions and Public Private Partnership”.
Google Scholar
13
-
Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 “On the coordination of procurement procedures for the award of public contracts for works, supplies and services”, CELEX number 32004L0018, Official Journal of the European Union, Series L, no.134, dated 30.4.2004.
Google Scholar
14
-
Civil Code of the Republic of Albania.
Google Scholar
15
-
Law No.9643, dated 20.11.2006 “On Public Procurement”, as amended.
Google Scholar
16
-
DCM no.575, dated 10.7.2013 “On the approval of the rules for valuation and granting by Concession / Private Public Partnership” (amended by DCM No. 313, dated 27.04.2016 and DCM No.146, dated 22.2.2017).
Google Scholar
17