According to public authorities, the coming-out of the public-private partnership law seems to be a reflection of the lack or shortage of public funds available for implementation of major public sector projects.
The great necessity generated by the insufficient public funds, gives sometimes a dramatic air to public-private partnership as the answer to this issue, which rather than being seen as an alternative, is considered by public authorities as the only means to accomplish certain projects considered a priority.
As a last resort, the public-private partnership has given rise not only to the enthusiasm of public authorities but also to a skeptical view of the critics, expressed gradually from moderate criticism to total denial, including wailing the limitations imposed by the EU legal provisions.
Between enthusiasm and skepticism, the assay is intended for covering for the precarious legal provisions, providing answers based on theoretical experience and European case law, so the result may be a solid ground for the design of some coherent public-private partnership projects.
Authors: Simona Gherghina, Monica Amalia Ratiu