PPP Research Center

 Romanian Public-Private Partnership Law Review

No. 2 / 2012

TABLE OF CONTENTS: 

Competitive dialogue according to the Romanian PPP legislation: why using it under certain given circumstances?
by Monica Amalia Ratiu PhD, Lecturer Faculty of Law University of Bucharest

The Public-Private Partnership in Public Utilities
by Simona Gherghina, PhD, Assistant Lecturer,  Faculty of Law University of Bucharest

PPP's Contribution to economic development - a macroeconomic approach -
by Ion Ghizdeanu, Professor, PhD, President of National Commission for Prognosis, Researcher, NIER, Romanian Academy

Public-private partnerships and their reflection in Romania’s public debt
by Vasile Iuga, Country Managing Partner, PricewaterhouseCoopers Romania

A guidebook on initiating a public-private partnership project having local councils as public partner
The Central Public-Private Partnership Management Unit (CPPPMU)

   
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Competitive dialogue according to the Romanian public-private partnership legis-lation: the reason of using it under certain given circumstances

Monica Amalia Ratiu
Lecturer, PhD
Faculty of Law
University of Bucharest

Abstract:

The Romanian legislation governing PPP’s formalises two procedures based on which private partners are selected: the open procedure and the competitive dialogue. Considering the legal gaps in the original PPP Law No. 178/2010, and considering all of the amendments that have been made to become compliant with the European procurement principles, we should note that Romanian practitioners are still reserved about using competitive dialogue when choosing a private partner for their PPP’s. Along that track, exploring the underlying regulations, role and justification of competitive dialogue may prove of relevance for the doctrine and practice in Romania.

Keywords: public-private partnership, selection procedure, competitive dialogue, circumstances allowing the public partners to use the competitive dialogue award procedure.

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The Public-Private Partnership in Public Utilities 

Simona Gherghina
Assistant Lecturer, PhD
Faculty of Law
University of Bucharest

Abstract:

The failure to harmonize the Law on Public-Private Partnership with the legal provisions concerning the public utilities requires the analysis of the possibility to use the legal structure of the Public-Private Partnership for the operation of and completion of investments within such public services as well as of the legal regime applicable to such partnership. This study explores the coordinates on which an alternative to the delegated administration of public utilities may be provided, in the terms of a legal regime integrating multiple sets of regulations.

Keywords: Public-Private Partnership, public utilities, public services, concession, delegated administration.

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PPP’s Contribution to economic develop-ment - a macroeconomic approach -

Ion Ghizdeanu
Professor, PhD
President of National Commission for Prognosis
Researcher, NIER, Romanian Academy

Abstract:

Although at this time one can approach such a theme only at future tense for Romania, existing no public-private partnerships implementation with significant economic impact, we consider that emphasizing the importance of this type of investment project, even if only by economic methods and based on international experience, is likely to show that PPP represent for Romania the second way - as importance and valuable contribution - to secure investment resources for long-term sustainable development. PPP’s contribution is even more significant as the recent crisis has made the capital private sources to become more scarce and expensive, and international flows have among targeting criteria but profit and safe in the long run. In this respect it is suggestive that foreign investments oriented to Romanian market fell rapidly (in only 2 - 3 years decrease  from 9 billion euro to less than 2 billion euro).

Turning to more acceptable and necessary levels in order to sustain  Romanian economy to grow faster as compared to other European countries, in order to reduce both the development and standard of living gaps, can not be done without implementing and expanding public and private partnerships. It is obvious that the Public-Private Partnerships have many macroeconomic advantages, incomparable  with the budgetary implications of some state securities involved in some of them, and, on the other hand, that  the investment attracted by these partnerships are equivalent in their contribution to economic growth with investments based on European funds.

 Keywords: public-private partnership, PPP in National Accounts, production function, PPP contribution to economic growth.

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Public-private partnerships and their reflection in Romania’s public debt

Vasile Iuga
Country Managing Partner
PricewaterhouseCoopers Romania

The state pays as well!
The question is: how much?
Any discussion about public-private partnerships (PPP) should unavoidably start from this observation. Despite its importance, it is often ignored by officials in public institutions committing to such ventures. In the “good old” Romanian style, the treatment is applied to the symptom rather than to the cause, and the PPP topic is no exception.  

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A guidebook on initiating a public-private partnership project having local councils as public partner

The Central Public-Private Partnership Management Unit (CPPPMU)
Starting up the PPP project

The Government of Romania, the ministries and the public partners, as they are defined under Article 8 of Law No. 178/2010, as amended and completed subsequently, may initiate PPP projects covering the design, building operations, rehabilitation, modernisation, operation, maintenance and development of public works of national interest (according to Article 7 of Government Decision No. 1239/201 as amended and completed, taken in conjunction with Article 23, paragraph (1) of Law No. 178/2010 as amended and completed).

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