The focus of this thesis is on the PPP contract with in the EU. The PPP contract is not mentioned in the public procurement directive, but is commonly used by governments in the EU states. In spite of that there are some uncertainties about the character of the contract. This thesis will therefore analyse whether the directive regulates the PPP contract and whether it is possible for the public part to make amendments, in the contract period. As the PPP contract can be described as a complex contract, this thesis will analyse on four elements for the public part to focus on, with the aim of creating an efficient PPP contract. To answer the research questions the report has shown that PPP contracts can be constructed as a contract governed by the public procurement directive. Furthermore, the research has shown that the public part in the contracting period is obligated to respect the free movement rules in the TEUF and especially the principles of equal treatment and transparency, when chances to the contract is made. In that matter, the amendments must not be different in the material of the PPP contract. Any amendment must be objectively justified to secure equal treatment and transparency. A PPP contract is a complex type of contract, and the procurement procedure results in many transaction costs, and therefore the public part must choose whether the contract should be secure or flexible in order to try to minimize the transaction cost ex post. The analysis has shown that good and trustworthy partnership is very essential in a PPP contract. Trust between the parties can be shown in the incentive structure through bonus- and revision-schemes, which also lead to efficient investments ex ante. Furthermore it can be concluded that when trust is built between the parties the contract should allow the parties to renegotiate, because the trust will eliminate the opportunism of the parties. It can therefore be conclude that the public part must create a PPP contract with an appropriate flexibility which can contain all of the above mentioned elements in order to make a dynamic and Pareto-improved PPP contract.
|Educations||MSc in Commercial Law, (Graduate Programme) Final Thesis|
|Number of pages||85|