Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2017, vol. 51, No. 4, pp. 1363–1378
Language of the paper: Serbian
Original scientific paper
udk: 334.723:35
doi: 10.5937/zrpfns51-15685
Author:
Drago Lj. Divljak, Ph.D., Full Professor
University of Novi Sad
Faculty of Law Novi Sad
d.divljak@pf.uns.ac.rs
Abstract:
The subject of the analysis in this paper is exercising of protection of public interests in public-private partnership. Considering legal structure of partnership and its objectives, this is an important issue with significant legal and practical repercussions. Within that framework, the status of public partnership in that relationship is analysed separately, as well as legal frameworks and possibilities of exercising and protection of public interests in both pre-contract stage and in the stage of contract drafting. The issue of risk allocation will be in a special focus. The analysis is primarily focused on our law, but it certainly includes the comparative observing of the same issues and their practical repercussions in some national laws and the EU law. Nominally speaking, a significant attention in our law is paid to the issue of protection of public interests. It is manifested, on the one hand, with arising of that issue to the level of principle, and, on the other hand, through creating of numerous special instruments in different stages of establishing, contracting and implementation of partnership. However, the actual level of protection depends on implementation of these rules in practice. On the other hand, it partly depends on actions of public partner in the stage of drafting of contract clauses. Namely, due to the principle of autonomy in this field, the exercising of protection of public interests has been entrusted to a certain extent into the hands of public partner itself. Hence, the protection also depends on its approach and preparedness.
Keywords:
public-private partnership, protection of public interests, law, contract, risk..