Sarah JamilA Constitutional Regulation of Public-Private Partnerships

About this book deutschenglish

Public-Private Partnerships (PPPs) – they are one of the latest inventions of the ending 20th century and are supposed to revolutionise public procurement. Further, they shall pave the way for a new relationship between the government and the citizenry. The state seems to change its appearance from an inefficient, complex provision entity to a slim and efficient business partner. Public-Private Partnerships were applied whenever government agencies were not willing to privatize certain economic activities totally. This novel institutional type of relationship between government and the private economy is growing rapidly on the local, regional and national level, and it becomes more and more a question what the optimal mix of private production and public control in these relationships is. After some disastrous results in specific projects the concept of Public Private Partnership is increasingly the subject of public critique. There is a lot of scientific research in the field of how to manage Public Private Partnership, but not much attention has been paid to the constitutional frame for the implementation and maintenance of Public Private Partnership. It is not only the characteristic of the good or service which has to be supplied but also the politico-economic environment which sets the constraints to Public Private Partnership contracting. The constitutional rules for Public Private Partnerships are essential chief ingredients for a successful regulation of Public Private Partnerships in the interest of the citizens. Neither the citizenry nor the political agent can control the activities and the efficient provision perfectly once the Public Private Partnership contract has been set. This book is designed to provide a comprehensive introduction to the analysis and constitutional design of Public Private Partnership. It has been prepared to assist researchers and practitioners who are in search for the institutional environment in which a Public Private Partnership might be successful. Its bridges a significant gap in the theory and economic policy of Public Private Partnerships. Further, it applies information economic approaches to solve information problems among the citizens, the government and the contactors. The thesis takes two different views: a complete contract perspective and an incomplete contract perspective. Both require different kinds of solution mechanisms.

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