Public - Private Partnerships and Concessions in Serbia: Manual
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About this ebook
The book gives a review of this Law`s relevant provisions concerning definitions, general principles, the Public-Private Partnership Commission, protection of rights, resolution of disputes and supervision.
It also covers: legal framework, essential elements of public-private partnerships and concessions, procedure of public contract award, initiation of procedure for public-private partnership project implementation without elements of concession, initiation of procedure for public-private partnership project implementation with elements of concession and the contents of the public contract.
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Public - Private Partnerships and Concessions in Serbia - Slavica Joković
Notes
1. Introduction
Public-private partnerships in the Republic of Serbia present significant opportunities for long-term cooperation between a public and a private partner in order to provide finance, construction, reconstruction, operation and maintenance of infrastructure and other facilities, as well as services of public interest.
The reasons for the adoption of the Law on Public-Private Partnership and Concessions in Serbia were: building new public infrastructure, providing quality services of public interest and increasing private sources of financing the road and utility projects. Moreover, due to the lack of public financing and insufficient state funds to develop and modernize the road and utility infrastructure, it was necessary to improve legal and economic mechanisms in order to attract private investments.
The objectives of this Law are:
A legal framework for attracting private investment in Serbia was created in order to respond to the growing need to build new public infrastructure and invest into projects of general interest.
2. Legal framework
Public-private partnerships and concessions are regulated by the Law on Public-Private Partnership and Concessions, that was adopted in November 2011.1It introduced the model of public-private partnership into Serbian legal system for the first time.
The Law on Public-Private Partnership and Concessions lays down the general principles in this field and sets a limited number of exemptions from its provisions. This Law governs the conditions and manner for preparing, proposing and approving projects for public-private partnership, the entities in charge of proposing and implementing public-private partnership projects, the rights and obligations of public and private partners, form and content of public-private partnership contracts with or without concession elements (hereinafter: public contract); conditions and manner of concession approval, the subject of concession, the entities authorized for concession approval procedure, the termination of concession, legal protection in public contract award procedures, the establishment, status and the competence of the Public-Private Partnership Commission, as well as other issues of relevance for public-private partnership with or without elements of concession or for concession.
The provisions of the Law on Public-Private Partnership and Concessions apply to all investments of publicly owned funds in