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Basic Legal Aspects of Public Private Partnerships (PPPs)

This article discusses the definition of PPPs, the benefits they bring to both the public and private sectors, and the main aspects of PPP contracts. It also covers the content and clauses that must be included in a PPP contract, focusing on both the social and economic aspects of the partnership. The article emphasizes the importance of proper legislation, collaboration, and a level playing field for successful PPPs.

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Basic Legal Aspects of Public Private Partnerships (PPPs)

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  1. The basic Legal Aspects ofPublic Private Partnerships (PPPs)by Alexander LykourezosLykourezos Law Offices1st ARAB-GREEK ECONOMIC FORUMAthens, September 14, 2006

  2. Public Private Partnerships (PPPs) Definition: “any joint venture between a public body and a private company, typically involving the joint ownership of a special purpose vehicle (SPV) established under company law, to work in collaboration on a variety of projects”

  3. The New Greek Law on PPPs (Law 3389/2005) • Creates a “new market” of PPPs • Thirty-two articles divided into six chapters • Implementation of new EU Directives on Public Procurement (Directives 2000/52/EC and 2004/18/EC)

  4. Benefits from PPPs • State sector benefits (budget) • Private sector benefits (investment)

  5. The main aspects of PPPs • “Social” aspect (new mentality of cooperation between the State and the Private sector) • “Economic” aspect (transformation of “classical public works” into a modern investment product)

  6. The PPP Contract: • IS the fundamental component of the relationship between the parties • SHOULD BE complete and concise in governing this relationship

  7. The PPP Contract - Definition • Broad definition in the Greek Law (“any public contract…”) • Maximum amount of project: 200 million Euros (may be extended by decision of the Ministerial Committee) • Certain categories excluded (e.g. police, national defense, judicial authority)

  8. The PPP Contract - Content • The PPP Contract constitutes the entire agreement between the parties • The Contract is governed by the New Greek Law on PPPs and supplementary by the Greek Civil Code • The Law lists twenty-five contractual clauses that must be included in the PPP Contract

  9. The PPP Contractual Clauses “Social” Aspect – The relationship • Object of Partnership - Reward of Private Contracting Party – Timeframe of Project • Supervision of Project • Quality of Project • Concession of use of facilities or provision of services • Protection of the environment and antiquities • Operation, maintenance and use of facilities • Termination of agreement • Applicable Law (Greek Law) – Dispute Resolution (Arbitration)

  10. The PPP Contractual Clauses “Economic” Aspect – The Investment Product • Funding of Project • Distribution of Risks – Force Majeur • Insurance of Project and of Funding • Protection of Intellectual and Industrial Property Rights • End-user fees and collection of fees • Allocation of profits • Subcontracting and “step-in” clauses

  11. The New Greek Law is focused on successful PPPs: • Political support (focus on the public service) • Proper and complete legislation harmonized with international practice and expertise • Full and complete legal, financial and technical advice to the public bodies • A good PPP contract • A level playing field • Collaboration

  12. Email: allykourezos@lykourezos.grWebsite: www.lykourezoslawoffices.gr Thank you for your kind attention!

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