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Slovenia / General / Public-Private Partnership Act

SI05_SI0_Public-Private Partnership Act_2007

Name of the country Slovenia
Sector General
Name of the document (original) Zakon o javno-zasebnem partnerstvu
Name of the document (English) Public-Private Partnership Act
Administrative level National
Type of the document Legislation
Year of adoption 2007
Foreseen duration Unlimited
Sector General
Territorial unit (NUTS/LAU) SI0
Authority Ministry of finance
Availability in English Yes (Ministry of finance) http://www.mf.gov.si/fileadmin/mf.gov.si/pageuploads/javno_zas_partnerstvo/53646-ZJZP_EN.pdf
Legally binding Legally binding
SGI coverage SGI
Integration as a concept Yes
Integration elements
Actors
Policies
Adm. levels
Fin. sources
Others
Description Integration as a concept: The cooperation between public (governmental) and private sector (providers) to ensure the provision of SGI could be understood as a form of integration. Actors: National and local government (governmental institutions at the national level, and municipalities or public authorities approved by the government at the local level), service providers (private companies) Administrative levels: National, local
Major objectives 1. Enabling and promoting private investment in projects and/or services and activities that are in public interest, to ensure the economically sound and efficient performance of services (commercial /non-commercial) as well as the rational use, operation or exploitation of public assets and natural resources.
2. Ensuring the transparency, competitiveness, non-discrimination and regularity of the procedures for the establishment of a private-public partnership, in order to protect the public interest in this relationship, and to ensure that all of the activities performed under the partnership are in the public interest. (2/2)
Short Summary The Public-Private Partnership Act regulates the purpose and principles of private investment in public projects and/or of public cofinancing of private projects that are in the public interest. It states the methods of encouragement and development of public-private partnership, and defines the responsible institutions. The document further provides the conditions, and procedure for the establishment of a public-private partnership, as well as the forms and methods of its operation. It also amends the transformation of public companies, and sets the system of law that applies to resolving disputes arising from public-private partnerships
In relation to the SGI provision it sets the legislative framework for service concessions, which is “a performance of service the performance of commercial public services or activities provided in a manner and under conditions applicable for commercial public services, or other activities whose performance is in the public interest (Art.92)”.
Under this law the public-private partnership is defined as :” a relationship involving private investment in public projects and/or public cofinancing of private projects that are in the public interest, and such relationship is formed between public and private partners in connection with the construction, maintenance and operation of public infrastructure or other projects that are in the public interest, and in connection with the associated provision of commercial and other public services or activities provided in a way and under the conditions applicable to commercial public services, or of other activities where their provision is in the public interest, or other investment of private or private and public funds in the construction of structures and facilities that are in part or entirely in the public interest, or in activities where their provision is in the public interest (Art. 2)”.
Main objectives:
1. Enabling and promoting private investment in projects and/or services and activities that are in public interest, to ensure the economically sound and efficient performance of services (commercial /non-commercial) as well as the rational use, operation or exploitation of public assets and natural resources.
2. Ensuring the transparency, competitiveness, non-discrimination and regularity of the procedures for the establishment of a private-public partnership, in order to protect the public interest in this relationship, and to ensure that all of the activities performed under the partnership are in the public interest.
Governance model
Public services
Concession
Public-private partnership
Co-operative
Others
Comments
Measures governmental incentives/promotion of public-private partnership
Type of finance
EU
Federal/national
State/cantonal/provincial
Regional
Local
No sources available.
Sources of finance
Private
Public
Stakeholders' list
Federal/national Government
State/provincial/departmental
Regional
Inter-communal Authorised governmental bodies
Local Municipalities of authorised governmental bodies/ Service providers
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