Romania promulgates law PPP

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Romania promulgates law PPP

Romania has promulgated a law on public-private partnership (PPP) three years after the government led by Victor Ponta initiated the project.

The law aims to facilitate the mechanics of PPPs in the country and expand opportunities for the private sector.

The law sets the mechanisms by which projects can be developed through public-private partnership. It also establishes the relative duration of ongoing contractual relations that allows the private partner to recover the investment and make a reasonable profit.

The law also establishes mechanisms for financing projects, either through private funds, or by bringing private and public funds together and distributing the risks based on the capacity of each part.

The law replaces a similar project from 2010, which drawn criticism from the European Commission due to the  way contracts were awarded and verified. This law allowed state-owned companies receive PPP contracts.

The new law was submitted in the Parliament by the Ponta Government in 2013. However, the former president Traian Basescu refused to promulgate it due to an article which provided that the Romanian state was able to unilaterally denounce the contract The new law does not permit this unilateral denunciation.

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