A comparative study covering practical aspects and different perspectives on public-private partnership issues, which France chapter was written by François-Guilhem Vaissier and Anna Seniuta of the EIPAF team in Paris. Originally published in The Public-Private Partnership Law Review Second Edition.
In France, public-private partnerships (PPPs) are implemented in many economic sectors (e.g., transport, health, justice, education, urban equipment, environment, energy efficiency, telecommunications and culture) for more than €100 billion of activity each year. Despite a climate of ideological distrust, financial difficulties faced by some local authorities and the decreasing number of executed agreements due to the weak economic climate, a closer look at 2015 activity seems to indicate a possible renewal of confidence in PPPs for the coming year. Taking into consideration the many criticisms voiced against PPPs, the French PPPs legal framework has been reshaped through the transposition of the European directives pertaining to public procurements and concession agreements. Such change, along with the renewed support of certain public entities following positive feedback on prior implementation, could lead to an upturn of PPPs in France.
In this chapter, we will focus on the two main forms of PPPs implemented in France: concession agreements (as regulated by Ordinance No. 2016-65 of 29 January 2016 and Decree No. 2016-86 dated 1 February 2016) and partnership contracts (as regulated by Ordinance No. 2004-559 of 17 June 2004).
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