JJUA55116U  Public-Private Partnership

Volume 2017/2018
Content

This course assists students to develop a sound knowledge of Public-Private Partnerships (PPPs), its practice and normative framework, as well as relevant legal issues from an international perspective.

The financial crisis of 2008 onwards brought about renewed interest in PPPs in both developed and developing countries. As the demands for infrastructure, better quality sevices and goods continue to grow dramatically the governments on all levels struggle to balance their budgets. As a result, central states and local governments are looking more often towards nontraditional sources of financing and managing for their capital and operating needs. One of them is the formation of collaborations between public authorities and private companies in form of PPPs.

More specyficaly the course looks into potentials and challenges in:

  • Exploring PPPs as a way of introducing private sector technology and innovation in providing better public services through improved operational efficiency.
  • Utilizing PPPs as a way of developing local private sector capabilities through joint ventures with large international firms, as well as sub-contracting opportunities for local firms.
  • Using PPPs as a way of gradually exposing state owned enterprises and government to increasing levels of private sector participation (especially foreign) and structuring PPPs in a way so as to ensure transfer of skills leading to national champions that can run their own operations professionally and eventually export their competencies by bidding for projects/ joint ventures.
  • Supplementing limited public sector capacities to meet the growing public demand for better quality of services and infrastructure development.
  • Extracting long-term value-for-money through appropriate risk transfer to the private sector over the life of the project – from design/ construction to operations/ maintenance

 

During the course an emphasis will be placed on knowledge and skills useful to practising lawyers who potentially would assist in negotiationg, drafting and managing PPPs including dispute resolutions and modifications of a PPP’s contract. The course includes a general and theoretical introduction to the most important aspects of PPPs, as well as a number of case studies, in which in depth theoretical analysis of specific associated issues and challenges will be excercised.

Students will be required to conclude the analysis both orally and in written form.

Learning Outcome

In general, this course builds on knowledge obtained in both bachelor and MA courses as it:

gives the students the opportunity to work with research methods of jurisprudence has learning activities that are part of writing a thesis (problem-oriented case study work), contributes to specialized in-depth academic knowledge, contributes to acquiring skills in application of legal methods to solve complex legal task.

More specifically the learning objective of the course is to enable the students to:

  • review the legal framework covering PPPs;
  • assess what type of PPP is used in a given contract, and consequently which law is applicable;
  • explain how the EU rules and principles affect PPPs;
  • demonstrate the knowledge of the leading case law within the area and analyse it;
  • identify and analyse potential legal challenges accompanying the establishment, management and termination of PPPs;
  • provide legal advice and recommendations on when and which PPP strategy to choose, how to solve potential problems of PPPs;
  • communicate and formulate knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent;
  • develop drafting and advocacy skills

The mandatory readings and materials have been selected so as to provide the basic information and knowledge for the issues covered by the course. The readings and material will comprise approximately 500 pages. These material are enough to achieve the learning goals of the course. However, supplementary (optional) readings and materials to go further into the topics covered by the course will be provided.

 EU documents

  • Commission’s Communication, Interpretative Communication on the application of the Community law on public procurement and concessions to Institutionalised Public-Private Partnerships (IPPPs)
  • European Commission and DG Regional Policy, Guidelines for Successful Public-Private Partnerships. 2003

 

Books

  • Tvarnø  Ch & others, Public-Private Partnership: an international analysis – from a legal and economic perspective,  Asia Link Project, 2010.
  • Carsten Greve, Graeme Hodge, Rethinking Public-Private Partnerships: Strategies for Turbulent Times, Routledge, 2013.
  • Burnett M, Public-Private Partnerships (PPP) - A decision maker’s gui de, European Institute of Public Administration 2007.
  • Grimsey D, Lewis M, Public Private Partnerships: The worldwide revolution in infrastructure provision and project finance, Edward Elgar Publishing Ltd 2004.

 

Articles

  • Arrowsmith, S, ‘Public Private Partnerships and the European Procurement Rules: EU Policies in Conflict?’(2000) 37 Common Market Law Review
  • Bovis Ch, ‘Risk and Public-Private Partnerships’ (2012) 1 EPPPL
  • Bovis Ch, ‘The effect of the principles of transparency and Accountability on Public Procurement and Public-Private Partnerships Regulation’ (2009) 1 EPPPL
  • Bovis Ch, ’The Private Finance Initiative (PFI) as the Prelude of Public Partnerships (PPPs)’ (2006) 1 EPPPL
  • Burnet M, ‘A new Directive on Concessions – the right Approach for PPP? (2008) 3 EPPPL
  • Burnett M, ‘Conducting Competitive dialogue for PPP Projects – Towards an Optimal Approach? (2009) 4 EPPPL
  • Burnett M, ‘The Current Private Finance Initiative (PFI) Reform in the United Kingdom – How Should it be Measured?’ (2012) 2 EPPPL
  • Burnett M, ’PPP and EU Public Procurement Reform – time to change the rules for Competitive Dialogue’ (2011) 2 EPPPL
  • Burnett M, “Current Private Finance Initiative (PFI) Reform in the United Kingdom – How should it be measured?” (2012) 2 EPPPL at 118-119
  • Butler R, Gill J, ‘Formation and Control of Public-Private Partnerships: A stakeholder Approach’ in Montanheiro L, & others, Public and Private Sector Partnerships: Furthering Development (Sheffield: Sheffield Hallam Press, 1999)
  • Fritzche M, ‘Does PPP need Financing? Considerations for Integrating and Structuring Financing into PPP Projects’ (2009) 2 EPPPL.
  • Sheridan P, ‘PFI/PPP Disputes (Part 1)’ (2009) 2 EPPPL
  • Tvarnø Ch, ’Does the Danish interpretation of EC public procurement law prevent PPP?’(2010) 2 PPLR
The course is intended for both Danish and non-Danish students, which must have sufficient level of knowledge of English. Students from non-legal background are also welcome
It is an advantage if the student has a fundamental knowledge of Contract Law and public procurement. However, it is not a prerequisite. The course is intended for both Danish and non-Danish students, which must have sufficient level of knowledge of English. Students from non-legal background are also welcome.
The course will be supported by power point slides and the use of a Absalon platform, where the exercises will be explained and information regarding the time frames will be given.
The students will be divided into groups in which they will work throughout whole semester. Groups will be designed to mix Danish and non-Danish students together and at the same time mix women and men. After each group work students will present their group conclusions to the rest of the class. Among others, the following teaching activities will be used:
• think-pair share;
• homework – the students will asked to prepare particular material for an exercise for the next class;
• repetition in the form of a quiz,
• case presentationa and analysis,
• group works (including excercises such as knowledge café and jigsaw)
Written
Oral
Individual
Collective
Continuous feedback during the course of the semester
Feedback by final exam (In addition to the grade)
Credit
15 ECTS
Type of assessment
Written examination
Individual written assignment
Marking scale
7-point grading scale
Censorship form
No external censorship
Exam period

Spring: TBA

Re-exam

Please see the 'Academic calendar' on KUnet.

  • Category
  • Hours
  • Seminar
  • 56
  • Preparation
  • 356,5
  • Total
  • 412,5