Offentlige-private partnerskaber: Transaktionsomkostninger og implementering af sociale klausuler gennem tildelingskriterier og tekniske specifikationer i OPP-kontrakter

Amir Khalegi

Student thesis: Master thesis

Abstract

This thesis will try to explore and analyze the possibilities of attaching social clauses to PPP contracts through technical specification and award criteria within the public procurement in EU. Although PPP contracts is used in several member states and as there still seem to be doubts about using social clauses. The main concern of some the Danish public sector is inexperience and lack of adherence to try a different approach. The two objectives this thesis will attempt to answer are: Legal: “How is it possible for the public authority to implement social clauses in PPP contracts by using award criteria and technical specifications in EU public procurement?” Economical: “How can transaction costs emerging from social clauses be compensated through branding in a PPP contract?” The legal objective concentrate on exploring and analyzing the rules that public sector are subjugated to follow. More precisely constricted to social clauses award criterions and technical specifications in accordance to PPP contracts. The economic part of this thesis will analyze on how social criterions affect the transaction costs in PPP contracts. Furthermore the aspects of branding will be questioned as well as the effects of Corporate Social Responsibility will be examined. The new EU directive will be addressed to find links between the existing public procurement rules. As with the economic part, transactions costs theory by Williamson and industrial economics are the main sources to examine the economic question.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2015
Number of pages88