„KEY” for reading and interpretation on Public Private Partnership and Concessions Law of Republic of Serbia Cover Image

„KEY” for reading and interpretation on Public Private Partnership and Concessions Law of Republic of Serbia

Author(s): Predrag Cvetković
Subject(s): Law, Constitution, Jurisprudence, International Law, Commercial Law
Published by: Правни факултет Универзитета у Нишу
Keywords: Republic of Serbia Law on Public-Private Partnership and Concessions; public interest; public procurement

Summary/Abstract: Public-private partnership is the object of the direct and indirect regulation of several different legal documents. The Law on Public-private partnership and concessions of Republic of Serbia (hereinafter: PPP law) and Law on Public procurement of Republic of Serbia regulate the PPP as the exclusive or one of the main elements of their regulatory scope. Indirectly, for the PPP implementation demands the application of the relevant norms of Republic of Serbia legal system; namely, the implementation of norms contained in the Law on Communal services, Public Property Law, Law on Foreign Investments and Energy Law. PPP law is the first one with sedes materiae relevance for the public-private partnership as the object of regulation. It defines: the actors of PPPs (public and private partners) and their roles; modalities of PPP projects (i.e. PPP with and without elements of concession and consequently the differences in the procedure of private partner selection); key features of public agreement as the key legal tool for implementation of PPP concept. Public-private partnership is manifold phenomenon. This characteristic has to be reflected in the process of interpretation of legal framework regulating PPP projects. The above mentioned framework has to be “read” (in the greater extent in comparison with the interpretation of other legal rules) in wider political, ethical and economic discourse. This “reading” should also comprise the view of PPP as a new form of public governance. The justification of holistic approach toward the interpretation of PPP concept lies in the fact that legal framework of public-private partnership governs the protection of the public interest and process of achieving the public good: the regulatory framework for the operation of PPP should be viewed through the glasses of need to protect those interests (the interests of first order in contemporary state).

  • Issue Year: LXII/2012
  • Issue No: 62
  • Page Range: 245-263
  • Page Count: 20
  • Language: Serbian