Research Handbooks in European Law series
Edited by Christopher Bovis
Chapter 8: Innovative public-private partnerships
Europe as well as any other region is faced with important societal challenges such as ensuring high quality and accessible health care, the fight against climate change and improving energy efficiency. Addressing these challenges often requires new and better solutions. As research and innovation play a central role in the Europe 2020 strategy for smart, sustainable and inclusive growth, the procurement of innovation is of high value. Furthermore, in its original form, the aim of Public-Private Partnerships (PPP) was to create and introduce new innovative methods, techniques, solutions, incentives, as well as new types of cooperation and investment to create a better value for money. Therefore, one form of an innovation delivery may be through a PPP contract. At the beginning of 2014, the European Parliament and the Council adopted the new Directive 2014/24/EU on public procurement. The new act is a greater codification of the provisions, and there are more decisions for the contracting authorities to make. The Public Sector Directive puts greater emphasis on promotion of innovation than its predecessors. It manifests it among others by introducing a new procedure called the innovation partnership. The availability of the new provisions may be valuable particularly from the perspective of complex contracts such as Public-Private Partnerships, which are characterised as mixed contracts. This is because the innovation partnership has the potential to enable a contracting authority to procure complex contracts with more than one subject matter regarding development of innovation and its delivery.
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