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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.


Pt 2]
PPPs—The New Greek Law

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