Governing Common Interests
Chapter 3: Public private partnership's juridical identity: the local dimension
The chapter deals with the local dimension of public private partnership, meaning how the concept is used in a geographically limited legal framework, belonging either to a national law or to a supranational law (as in European law). Distinctive features of the concept are detected on the basis of the analysis of several new legislations on the topic, selected throughout the world according to geographic, chronological and objective criteria. The analysis carried out shoes an evolution of the concept, from mere instrument of financing to a complex method of social cohesion and innovation. In this dimension, public private partnership emerges as a political and strategic choice aimed at providing legitimacy to national and local governments as promoters of good administration. The mentioned choice is based on the co-management of public tasks and the involvement of the community as interpreter of social needs and participant in the design and implementation of answers. For this reason, the authors argue the necessity to consider public private partnership in a dimension that is larger than concession-type contracts, as demonstrated by some interesting examples of national disciplines which place the concept in the context of democratic participation, solidarity and innovation.
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