Key legal issues in projects procured under the private finance initiative

1997 ◽  
Vol 4 (3) ◽  
pp. 195-202 ◽  
Author(s):  
HELEN PAYNE
Keyword(s):  
Private Sector ◽  
Public Procurement ◽  
Legal Issues ◽  
The European Union ◽  
Public And Private ◽  
Private Finance Initiative ◽  
The Public ◽  
Private Finance ◽  
To Come ◽  
Public And Private Sector

Over the last few years several projects have been procured under the Private Finance Initiative, which brought with them some challenging, often novel, legal issues. A new statutory framework has been established creating new legal entities and regulating the powers and obligations of those new entities. The public procurement regime of the European Union has had to be carefully considered by both the public and private sector parties as failure by either to adhere to the strict rules and procedures can result in the imposition of sanctions. Attitudes to the way in which contracts are structured have had to change. The public sector had to step back from the more traditional involvement and control it has exercised in the past, and permit the private sector to come up with innovative solutions to the public sector's output requirements. The issues of force majeure and change of law have had to be looked at very closely and mechanisms for the sharing of the risk negotiated between the public and private sectors. A uniform approach to these legal issues would be welcomed along with some standarization of fundamental terms.

scholarly journals Familiarity with Measures to Reduce Administrative Burdens in The Public and Private Sector in Slovenia

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Urška Milavec ◽  
Maja Klun
Keyword(s):  
Public Sector ◽  
Private Sector ◽  
Public Procurement ◽  
Information Provision ◽  
Public And Private ◽  
The Public ◽  
Public And Private Sector ◽  
Different Levels

Measures to reduce administrative burdens are part of efforts to improve regulation quality. The aim of the research carried out in 2010 in the public and private sector was to determine whether their staff display different levels of familiarity with the measures and whether both sectors define the same groups of regulation as the most burdensome. The results indicated that information provision on measures to reduce administrative burdens in Slovenia is poor, particularly in the private sector, which is intended as the main beneficiary of these measures. Despite this, the private sector reported that regulation for small and medium-sized businesses had improved over the period in which measures to reduce administrative burdens had been implemented. The public sector assessed public procurement regulation as the most burdensome, while the private sector ranked employment regulations as the most burdensome.

The involvement of the public and private sector - elements with influence on travel & tourism demand during the crisis period

2011 ◽  
Vol 17 (2) ◽  
pp. 217-230
Author(s):  
Alina Elena Balalia (Iosif) ◽  
Raluca Mariana Petrescu
Keyword(s):  
Private Sector ◽  
Economic Crisis ◽  
Capital Investment ◽  
Positive Influence ◽  
Econometric Analysis ◽  
The European Union ◽  
Public And Private ◽  
The Public ◽  
Public And Private Sector ◽  
The Impact

In the context of the economic crisis, the consumers´ behavior registered changes, so tourists have become highly price sensitive and tending to economize on the duration of their holidays. Starting with the changes generated by the economic crisis, the need to achieve a new economic level is felt both in the public sector through the development and consolidation of new public policies and also in the private sector through the involvement into solid plans, with adapted initiatives. The purpose of this paper is to capture the impact of the public and private sectors involvement on the Travel& Tourism (T& T) demand during the current economic crisis, the period 2008-2010. As design, the content is divided into three main parts, as follows: the perspectives of public and private sector on T& T industry, the impact of the economic crisis on T& T, and the econometric analysis which is concentrated on the connection between the T& T demand and some potential variables with impact on it. The methodology refers mainly to the econometric analysis, constructed in concordance with the findings of the paper. In order to test the link between the variables, the author uses the macroeconomic approach, by including into analysis the European Union member countries. Regarding originality, the paper reveals the positive influence, as real growth, of the T& T Direct Industry in GDP and the capital investment in T& T on the T& T demand.

scholarly journals Public Private Partnerships and possibilities of their using in the field of Ministry of Agriculture 

2012 ◽  
Vol 52 (No. 9) ◽  
pp. 397-400
Author(s):  
R. Jurčík
Keyword(s):  
Public Sector ◽  
Private Sector ◽  
Water Supply ◽  
Public Procurement ◽  
Legal Framework ◽  
Public Private Partnerships ◽  
Public And Private ◽  
The Public ◽  
Public And Private Sector ◽  
Private Venture

Public-Private Partnerships (PPPs) are based on co-operation between the public and private sector. The reason for using it is a lack of public financial sources. For this reason, in most PPPs the management and financing of the project is entrusted to the private sector. In the Czech Republic, the widest development area for PPPs in the scope of the Ministry of Agriculture is probably water supply. The further areas for using of PPPs in the scope of this Ministry are the following: forestry, flood protection, adjustment of water flow, security of water sources, builging of the strategic foodstuff store. Important attempts have been made within the last year to increase the implementation of PPPs in water supply. These attempts are based on operation models similar to the BOT (Build Operate Transfer) and the DBFO (Design Build Finance Operate). In addition, the Czech Parliament adopted a law No. 139/2006 Coll., on concessions procedure and concession treaty which entered into force in July, 1<sup>st</sup>, 2006 and which brings the legal framework for realisation of the PPPs. There are some legal barriers which limited wide using of the PPPs. It is in the case of public-private venture companies (the limitation is&nbsp; in public procurement law). Public-private venture companies &ndash; which refer to the situation where both the private and the public sector holds equity, and, consequently, the company is controlled by the private as well as the public sector &ndash; should be the ideal form of PPPs in the areas which are in the scope of the Ministry of Agriculture.&nbsp;

Drug testing in the public and private-sector workplaces: Technical and legal issues

1988 ◽  
Vol 3 (2) ◽  
pp. 154-186 ◽  
Author(s):  
Robert H. Faley ◽  
Lawrence S. Kleiman ◽  
Patricia S. Wall
Keyword(s):  
Private Sector ◽  
Drug Testing ◽  
Legal Issues ◽  
Public And Private ◽  
The Public ◽  
Public And Private Sector

Public Services Concession in Slovenian Legislation

2016 ◽  
Vol 14 (3) ◽  
pp. 671-694
Author(s):  
Katja Drnovšek ◽  
Boštjan Brezovnik
Keyword(s):  
Private Sector ◽  
Public Service ◽  
Public Procurement ◽  
The State ◽  
Public Infrastructure ◽  
Public And Private ◽  
The Public ◽  
Service Activities ◽  
Public And Private Sector

Because of the public sector crisis, the role of the state in the provision of public service activities has been gradually changing ever since the 1980s, as the role of the financier in public infrastructure, as well as of the provider of public service activities, was increasingly being assumed by the private sector, while the state began to strengthen its role in the areas of regulation and supervision.With the involvement of the private sector in the so-called project financing of investments in construction of infrastructure and the consequent provision of public service activities, new and innovative forms of cooperation between the public and private sector (public-private partnership) have gradually been introduced as an addition to the already established concession and public procurement relationships. At the same time, states have in addition to classic (budgetary) financing gradually introduced new ways of financing public service activities, which enabled the repayment of investments in public infrastructure and reimbursement of (private) providers for goods delivered or services rendered (public goods). Undoubtedly, these forms of cooperation between the public and private sector call for regulation of certain complex issues. This article focuses on the examination of forms of integration between the public and private sector in the provision of public service activities in the framework of concession relationships.

Relationship between CSR motivations and corporate social performance: a study in the power industry in India

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Moumita Acharyya ◽  
Tanuja Agarwala
Keyword(s):  
Public Sector ◽  
Private Sector ◽  
Corporate Social Performance ◽  
Social Performance ◽  
Power Sector ◽  
Public And Private ◽  
Content Type ◽  
The Public ◽  
Self Interest ◽  
Public And Private Sector

PurposeThe paper aims to understand the different motivations / reasons for engaging in CSR initiatives by the organizations. In addition, the study also examines the relationship between CSR motivations and corporate social performance (CSP).Design/methodology/approachThe data were collected from two power sector organizations: one was a private sector firm and the other was a public sector firm. A comparative analysis of the variables with respect to private and public sector organizations was conducted. A questionnaire survey was administered among 370 employees working in the power sector, with 199 executives from public sector and 171 from private sector.Findings“Philanthropic” motivation emerged as the most dominant CSR motivation among both the public and private sector firms. The private sector firm was found to be significantly higher with respect to “philanthropic”, “enlightened self-interest” and “normative” CSR motivations when compared with the public sector firms. Findings suggest that public and private sector firms differed significantly on four CSR motivations, namely, “philanthropic”, “enlightened self-interest”, “normative” and “coercive”. The CSP score was significantly different among the two power sector firms of public and private sectors. The private sector firm had a higher CSP level than the public sector undertaking.Research limitations/implicationsFurther studies in the domain need to address differences in CSR motivations and CSP across other sectors to understand the role of industry characteristics in influencing social development targets of organizations. Research also needs to focus on demonstrating the relationship between CSP and financial performance of the firms. Further, the HR outcomes of CSR initiatives and measurement of CSP indicators, such as attracting and retaining talent, employee commitment and organizational climate factors, need to be assessed.Originality/valueThe social issues are now directly linked with the business model to ensure consistency and community development. The results reveal a need for “enlightened self-interest” which is the second dominant CSR motivation among the organizations. The study makes a novel contribution by determining that competitive and coercive motivations are not functional as part of organizational CSR strategy. CSR can never be forced as the very idea is to do social good. Eventually, the CSR approach demands a commitment from within. The organizations need to emphasize more voluntary engagement of employees and go beyond statutory requirements for realizing the true CSR benefits.

A STUDY OF THE PERCEPTION OF CHINESE-FILIPINOS ON BUSINESS IN METRO MANILA: ITS RELEVANCE TODAY

2021 ◽  
Author(s):  
Jovita Varias De Guzman
Keyword(s):  
Private Sector ◽  
Public And Private ◽  
The Public ◽  
Metro Manila ◽  
The Creation ◽  
Public And Private Sector

This study seeks to survey and assess the preference, insights or views of the Chinese-Filipinos regarding business. It attempts to present the preferences or non-preferences of the respondents in the areas of study and its relevance to the community, to show a clearer picture of the Chinese-Filipinos in relation to business thus augmenting closer cooperation, expansion of understanding, and line of communication with Non-Chinese Filipinos. Analysis of the results may serve as an eye-opener for the public and private sector to initiate programs or actions for the creation of guidelines and policies for the awareness of those concerned.

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