Public-Private Partnerships in Slovenia: Recent Developments and Perspectives

Abstract

AbstractIn this article, the authors define and analyze the legal framework for public-private partnerships (PPP) as a new institution under Slovenian law. In the first part of the article, the authors discuss the legal definition of PPP in the European Union. In the authors' opinion, the EU's concept of PPP can be defined and regulated in several ways. As a result, the understanding of PPP differs from one member state to another. A related issue is the question of the definition of 'public service'. Before defining and discussing new forms of PPP as determined in the 2006 Slovenian Law on PPP, the authors discuss the economic rationale for implementing the two types of PPP in Slovenia: special contractually based partnerships and corporate-based partnerships. The former can be a concession agreement or public-procurement agreement, while the latter is a type of newly established or newly transformed legal entity. In the next part of the article, the authors describe new legal procedures governing PPP arrangements in the future and and offer some limited empirical evidence on those concession agreements that already exist in Slovenia. The authors conclude the article with some open questions about the legal regulation of PPP in the Slovenian legal system as well as an international comparison.