Public-Private Partnerships in the European Union

224 Pages·2013·1.501 MB·English

by  Christopher Bovis

Public-Private Partnerships
in the European Union
Public-Private Partnerships in the European Union aims to be a reference
point for academics, researchers and policy makers. The book intends
to capture the spirit and pulse of discourse by disseminating outstanding
research on strategic multi-disciplinary issues of public- private partnerships
as a distinctive feature of public sector management, including privatisation,
regulation, procurement, outsourcing, insourcing and service sharing, from
legal, economic and public policy perspectives and aims to influence current
and future debate in public sector management in the European Union and
its member states and across other continents.
Christopher Bovis, FRSA, is Professor of International Business at the Business
School of the University of Hull. He is Editor-in-Chief of the European Pro-
curement & Public Private Partnership Law Review, published by Lexxion.
Routledge Critical Studies in Public Management
Edited by Stephen Osborne
The study and practice of public management has undergone profound changes
across the world. Over the last quarter century, we have seen
(cid:129) increasing criticism of public administration as the over-arching frame-
work for the provision of public services,
(cid:129) the rise (and critical appraisal) of the ‘New Public Management’ as an
emergent paradigm for the provision of public services,
(cid:129) the transformation of the ‘public sector’ into the cross-sectoral provi-
sion of public services, and
(cid:129) the growth of the governance of inter-organizational relationships as
an essential element in the provision of public services
In reality these trends have not so much replaced each other as elided
or co-existed together—the public policy process has not gone away as a
legitimate topic of study, intra-organizational management continues to be
essential to the efficient provision of public services, whist the governance
of inter-organizational and inter-sectoral relationships is now essential to the
effective provision of these services.
Further, whilst the study of public management has been enriched by
contribution of a range of insights from the ‘mainstream’ management lit-
erature it has also contributed to this literature in such areas as networks
and inter-organizational collaboration, innovation and stakeholder theory.
This series is dedicated to presenting and critiquing this important body
of theory and empirical study. It will publish books that both explore and
evaluate the emergent and developing nature of public administration,
management and governance (in theory and practice) and examine the
relationship with and contribution to the over-arching disciplines of man-
agement and organizational sociology.
Books in the series will be of interest to academics and researchers in this
field, students undertaking advanced studies of it as part of their undergrad-
uate or postgraduate degree and reflective policy makers and practitioners.
1 Unbundled Government 9 Public Policy beyond the
A Critical Analysis of the Global Financial Crisis
Trend to Agencies, Quangos and An International Comparative Study
Contractualisation Philip Haynes
Edited by Christopher Pollitt and
Colin Talbot 10 Rethinking Public-Private
Partnerships
2 The Study of Public Management S trategies for Turbulent Times
in Europe and the US Edited by Carsten Greve and
A Competitive Analysis of National Graeme Hodge
Distinctiveness
Edited by Walter Kickert 11 Public-Private Partnerships
in the USA
3 Managing Complex Governance Lessons to be Learned for the
Systems United Kingdom
Dynamics, Self-Organization and Anthony Wall
Coevolution in Public Investments
Edited by Geert Teisman, Arwin 12 Trust and Confi dence in
van Buuren and Lasse Gerrits Government and Public Services
Edited by Sue Llewellyn, Stephen
4 Making Public Services Brookes and Ann Mahon
Management Critical
Edited by Graeme Currie, 13 Critical Leadership
Jackie Ford, Nancy Harding and Leader-Follower Dynamics
Mark Learmonth in a Public Organization
Paul Evans, John Hassard and
5 Social Accounting and Public Paula Hyde
Management
A ccountability for the Common Good 14 Policy Transfer and Learning in
Edited by Stephen P. Osborne and Public Policy and Management
Amanda Ball International Contexts, Content and
Development
6 Public Management and Edited by Peter Carroll and
Complexity Theory Richard Common
Richer Decision-Making in
Public Services 15 Crossing Boundaries in Public
Mary Lee Rhodes, Joanne Murphy, Management and Policy
Jenny Muir and John A. Murray The International Experience
Edited by Janine O’Flynn, Deborah
7 New Public Governance, the Blackman and John Halligan
Third Sector, and Co-Production
Edited by Victor Pestoff, Taco 16 Public-Private Partnerships in
Brandsen and Bram Verschuere the European Union
Christopher Bovis
8 Branding in Governance and
Public Management
Jasper Eshuis and Erik-Hans Klijn
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Public-Private Partnerships
in the European Union
Christopher Bovis
First published 2014
by Routledge
711 Third Avenue, New York, NY 10017
Simultaneously published in the UK
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Routledge is an imprint of the Taylor & Francis Group,
an informa business
© 2014 Taylor & Francis
The right of Christopher Bovis to be identified as the author of the
editorial material has been asserted in accordance with sections 77 and 78
of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilized in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.
Trademark Notice: Product or corporate names may be trademarks or
registered trademarks, and are used only for identification and explanation
without intent to infringe.
Library of Congress Cataloging-in-Publication Data
Bovis, Christopher.
Public-private partnerships in the European Union / by Christopher Bovis.
pages cm. — (Routledge critical studies in public management ; 16)
Includes bibliographical references and index.
1. Public-private sector cooperation—European Union countries.
2. Public contracts—European Union countries. I. Title.
HD3872.E85B68 2013
338.8′7—dc23
2013012685
ISBN: 978-0-415-34993-2 (hbk)
ISBN: 978-0-203-69572-2 (ebk)
Typeset in Sabon
by Apex CoVantage, LLC
Contents
Acknowledgements ix
Foreword xi
Introduction
Public Markets and Public Services in the EU 1
1 The Public Sector Regulation in the EU Context 8
2 The Contracting Authority as a Concept of Public
Sector Regulation 36
3 The Public Contract as a Concept of Public Sector Regulation 50
4 The Origins and Evolution of Public-Private Partnerships
as a Global Phenomenon 65
5 The Development of Public-Private Partnerships in the EU 86
6 The Procurement of Public-Private Partnerships 110
7 The Public-Public Partnership 133
8 Regulatory and Legal Trends in Public-Private Partnerships 144
Conclusions 155
Notes 159
Index 203
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Acknowledgements
It would have been very difficult to complete this project without the involve-
ment of a number of people to whom here I record my great indebtedness.
First of all, my thanks go to the publishers for their professionalism and the
assistance they provided.
It is also with deep appreciation that I express my gratitude to H. J. Lamar,
Y. J. Lamar, Solomon Holtz, Howard Jacobson, Morris Laxman, Kurt Lip-
stein, Gomez Da Silva Texteira, Terrence Bramall, Richard Watson and
David Blunt.
I also profoundly thank Professor Terry Williams, Professor Alan Rosas, Pro-
fessor Walter van Gerven, Professor Alan Dashwood, Professor Takis Tridimas,
Professor Harry Arthurs and Professor Surya Subedi.
Finally, I am eternally indebted to Dr Christine Bovis-Cnossen for her invalu-
able support and inspiration.
Christopher Bovis
May 2013