ЈАВНО-ПРИВАТНО ПАРТНЕРСТВО У ПРАВНОМ СИСТЕМУ РЕПУБЛИКЕ СРБИЈЕ – ПОЛАЗНА РАЗМАТРАЊА
PUBLIC-PRIVATE PARTNERSHIP IN THE SERBIAN LEGAL SYSTEM: Introduction

Summary/Abstract: The Public-private partnership (PPP) implies a long-term cooperation of the public and private sector for the purpose of ensuring the funding, development, reconstruction, management and/or maintenance of infrastructural and other facilities of public importance and providing services of public relevance. There are two basic forms of PPP: the contractual and the institutional PPP. The PPP regulatory framework is primarily aimed at establishing a balance between the public and the private interests which are correlated in each PPP project. The PPP subject matter has been regulated in the Republic of Serbia only recently by the adoption of the 2011 Public-private partnership and Concessions Act, which provides a systemic normative framework in this areas. Apart form this Act, the PPP is directly and indirectly regulated in a number of other legislative acts. The exercise of the public interest is a constituent part of the PPP and without this element a project may not be considered to be a PPP project within the meaning of the PPP and Concessions Act. Under this Act, the PPP concept includes two key participants: the public and the private partner, who have an equal legal standing in the implementation of the PPP project. The participants may not be subject to any form of discrimination in the procedure for awarding public contracts. Foreign investors are equal with the domestic ones and they enjoy the same treatment as national companies. Beside the main participants, a PPP project may also include some marginal actors who are not formally included in the PPP agreement but who may have a more or a less substantial impact on the PPP project. The PPP and Concessions Act makes a clear distinction between the contractual and the institutional PPP. The basic feature in the contractual PPP is a concession. The key characteristic of concession is a broadly defined liability of the private partner. The public partner’s risk is confined to the choice of the private partner. The PPP Act differentiates two types of PPP in the form of concession: a concession for public works and a concession for services. The institutional PPP is based on the relationship between the public and the private partner which is legally established through their membership in a joint-stock company. The contractual PPP and the institutional PPP are both legally regulated by a public contract. The public contract takes effect only after it has received a prior approval of the competent public authority. The public agreement may be contracted for a 5-year period at least and contract period shall not exceed a period of 50 years. On the other hand, this agreement may be terminated before the expiry of the agreed term.

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