Original scientific paper
On the Croatian Copernican Twist in the regulation of concessionship by the Law of the 2008
Branko Babac
Abstract
Of the three specific regulations of public-private cooperation: public procurement, publicprivate partnership and the concession, attention was focused on the latter and, in particular, on the complexity of concessionship with public-private partnership. Contradictions in the regulation of concession with the proclamation of the Act of 2008 were uncovered as opposed to traditional regulation as was expressed by the law to date with a special emphasis on the procedure of granting approval as ''given concessions to project that have characteristrics of a ''public private partnership project'' which is only one of the expressions of the ''complexity of concessionship with publicprivate partnership''. An attempt was also made to reveal certain dicrepaciens and grey areas in the perspective of ''public interest'' and the ''interests of the Republic of Croatia''. Severe criticism was particulary directed at one of the new legal (?) ''institutions'' which is the ''non-payment of concession fees that is not economically justifiable'' as some kind of substitute for essential administrative and inspection supervision in and upon concessionship, precisely as some kind of guarantee in advance that straying from regulated criteria will be not appropriately sanctioned.
Keywords
administrative contracts; Copernican twist; concessionship; public-private partnership; public procurement; concession
Hrčak ID:
70843
URI
Publication date:
20.7.2011.
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