Συμπράξεις δημοσίου και ιδιωτικού τομέα: δυνατότητες χρηματοδότησης σύμφωνα με τον Ν. 3389/2005
Κύρια Υπευθυνότητα:
Τσιάρα, Όλγα
Θέματα:
Συμπράξεις Δημόσιου και Ιδιωτικού Τομέα Δημόσια έργα -- Οικονομικά των
Ημερομηνία Έκδοσης:
2008
Εκδότης:
Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
Περίληψη:
In September 2005, Law 3389/2005 on Public-Private Partnerships, the so-called PPPs, was voted. With this law, the Greek legislator, following the example of the other European countries, created the necessary legislative framework which would encourage the performance of projects and the provision of services via Partnerships. By “Partnerships" we mean long-term agreements, concluded between the private and the public sector, whose object is the design, fending, construction and maintenance of various infrastructure projects. These are exploited throughout the contractual period by the private entity, which is obligated however to cede them to the Public Sector when the contractual period ends. Therefore, this necessary legislative foundation bridged the legislative gap which existed until recently, as the three agreements for the great projects of Attiki Odos, the Airport of Spata and the Rio- Antirio Bridge, which were based on the same philosophy as PPPs, needed to be ratified by law, in the absence of an appropriate legislative framework.The PPPs, however, are not just an alternative tool for the construction of public works but their entire particularity lies in the fending method of these projects, a method based on private fends. This is the particularity we will try to analyze in this study, by describing the fending possibilities provided for by Law 3389/2005 from a legal aspect. Thus, this paper has three main parts, fending based on own fends, funding based on foreign fends, and fending from the proceeds of the Agreement’s object. At the same time the issues of the law’s compatibility with the “European acquis” are discussed, and more specifically as regards the free movement of capital. In the end there is a review of the international circumstances within which the PPPs must be carried out and endure, primarily as a philosophy and secondarily as a contractual scheme.In conclusion, I would like to warmly thank the Director of the HPREC's Investment Programs, Mr. Stelios Hadjidakis for the opportunity they gave me to watch from up close the first steps made towards the conception and realization of the first PPP project in Greece. This study certainly contains the highlights of the synthesis and antithesis that generally occurred during my two-year cooperation with HRPEC.
Περιγραφή:
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", Κατεύθυνση Ιδιωτικού Δικαίου, 2008
