Selectia investitorului privat si riscul în contractul de parteneriat public-privat
Selection of the private investor and the risk in the public-private partnership contract

Summary/Abstract: The public–private partnership in the Romanian law represents one of the efficient management methods of the public or private assets belonging to the state or to the administrative-territorial units, satisfying a certain need for these entities, having as object the execution of works, the supply of products or the provision of services. In the present legislative context, after approximately 4 years from the effective date of the Emergency Ordinance no. 34/2006 according to which the former regulation of the public-private partnership, respectively the Government Ordinance no. 16/2002 regarding the public-private partnership contracts was expressly abrogated, the public-private partnership finds a new legislative commitment based upon the Law no. 178/2010 of the public-private partnership, as subsequently amended and supplemented. In the light of the new regulations in the matter, this study proposes an analysis of the procedures of selecting the private investors based upon the open procedure and upon the competitive dialogue procedure and of the risks in the public-private partnership contract, considering that the selection of the private investor and the risk in the public-private partnership contract represent the procedural stages of major importance as regards the award of the public-private partnership contract, as these aim at the transparency of the public authorities in their contractual activity and at providing the protection of the free competition in awarding these contracts.

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