Public-Private Partnership - NOTE: THE COURSE IS CANCELLED IN THE SPRING SEMESTER 2017

Course content

This course is a comprehensive overview and examination of PPPs. It is designed to provide a thorough analysis of the most relevant legal aspects influencing PPPs including the public and private legal sources as well as case law.
The course will examine the diverse array of PPPs in the EU, its Member States and abroad. As such, the course will not only provide students with a conceptual framework to understand the establishment and maintenance of PPPs, but will discuss and investigate the important characteristics of successful PPPs´ strategies. 

Learning outcome

The course seeks to enable 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 reflect upon it.
  • Identify and analyse potential legal challenges accompanying the establishment and management of PPPs.
  • Provide legal advice and recommendations on:

 

- When and which PPP strategy to choose, 
- How to solve potential problems of PPPs

Besides participatory lectures, the course will include short student presentations of assigned topics, group discussion exercises and case studies in class. Therefore, it is recommended that students attend classes and engage actively in class. Grades will be assessed through a written exam on a given topic (an essay of 3000 words aprox) followed by an oral exam without preparation, 20 minutes

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

ECTS
15 ECTS
Type of assessment
Oral examination, 20 minutes
Oral exam based on synopsis, 20 minutes
Marking scale
7-point grading scale
Censorship form
External censorship

Single subject courses (day)

  • Category
  • Hours
  • Seminar
  • 48
  • Preparation
  • 364,5
  • English
  • 412,5