International Construction Law Review
PUBLIC PRIVATE PARTNERSHIPS—THE NEW GREEK LAW
PANAGIOTIS G VERVENIOTIS, LL M
G Verveniotis & Partners, Athens, Greece
The Greek Parliament has recently ratified a new Law (Law No 3389/2005) regarding the Co-operation of the Public and the Private Sector.1
Even though the discussion for the introduction of such a Law had been going on for a considerable period of time, this is the first serious attempt for the establishment of an overall legal framework regulating public private partnerships that has actually been concluded. In particular, up to the ratification of Law No 3389/2005 Greek legislation on co-operation between the public and the private sector was fragmental and applied to a limited number of sectors and project types.2
It is because of this that the concession contracts for major infrastructure projects realised in Greece up to the issuance of the Law were ratified as Laws by the Greek Parliament.3
These projects were, in most cases, deemed successful, not only for the state, which fulfilled its socio-economic goals by creating significant new infrastructure, but also for the private enterprises involved, which entered into favourable long-term contracts for the exploitation of the realised projects. It seems that this positive experience was one of the major reasons, perhaps second only to the depleting state funds, which led to the introduction and enactment of the Law.
The purpose of this article is to draw an outline of the new Law by following the structure of its provisions. Even though an in-depth analysis is not possible within the framework of this report, the author has considered it necessary to comment briefly on some of its provisions.
1 Government Gazette
, Issue A, No 232/22.9.2005.
2 Law 1418/1984, Art 4, para. 4, sub. 7; Presidential Decree 609/1985, Art 13; Law 2052/1992, Art 9; as well as various Laws regarding co-operation between the state and private entities in specific types of projects, such as Presidential Decree 158/2002 (Concession of Airport Operation and Construction Licences); Law 2206/1994 (Concession of Casino Operation Licences); Presidential Decree 30/1.2.1996 (Art 75, co-operation between Organisations of Regional Self-Governance (OTA) and private entities for the construction and exploitation of works or the provision of services aiming at the service of the public or the realisation of revenues etc.). It should be noted in this respect that Law 3389/2005 does not put the aforementioned provisions out of force.
3 E.g. Law 2338/1995 regarding the Athens International Airport; Law 2395/1996 regarding the Rio–Antirio Bridge; Law 2445/1996 regarding the Spata–Elefsis Highway.
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