Eurostat, Soft Law and the Measurement of Public Debt: The Case of Public-Private Partnerships

Reprinted from European Journal of Legal Studies, Volume 6, Issue 2 (Autumn/Winter 2013/14), p 96-118

Working Paper of the Max Planck Institute for Tax Law and Public Finance No. 2014-04

25 Pages Posted: 3 Apr 2014 Last revised: 8 Apr 2014

See all articles by Alberto Vega

Alberto Vega

Universitat Pompeu Fabra - Department of Law

Date Written: April 2, 2014

Abstract

Budget stability seems to be mainly regulated through hard law, but in order to measure public debt, Eurostat has had to complement many aspects with informal instruments such as decisions in press releases, manuals, recommendations or decisions on particular cases contained in letters to the national statistical authorities. The aim of this paper is to analyse the legal status of these instruments and to comment on their main limitations. In order to do this, we will focus on the case of public-private partnerships, which have frequently been criticised for being used to hide public debt and whose accounting treatment on or off the government’s balance sheet depends mainly on the criteria published by Eurostat.

Keywords: Soft Law, Government Debt, Stability and Growth Pact, Excessive Deficit Procedure, Public-Private Partnerships

JEL Classification: H43, H57, H60, H63, L33

Suggested Citation

Vega, Alberto, Eurostat, Soft Law and the Measurement of Public Debt: The Case of Public-Private Partnerships (April 2, 2014). Reprinted from European Journal of Legal Studies, Volume 6, Issue 2 (Autumn/Winter 2013/14), p 96-118, Working Paper of the Max Planck Institute for Tax Law and Public Finance No. 2014-04 , Available at SSRN: https://ssrn.com/abstract=2419389

Alberto Vega (Contact Author)

Universitat Pompeu Fabra - Department of Law ( email )

Ramon Trias Fargas 25-27
Barcelona, 08005
Spain

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