How Brexit Might Pave the Way for a PPP Directive in the EU in a Value for Money Perspective

20 Pages Posted: 16 May 2019 Last revised: 21 May 2019

Date Written: May 16, 2019

Abstract

The common law and the civil law tradition define a PPP (public-private partnership) contract differently. The continental EU member states have a legal tradition based on civil law, thus their law derives from a set of written rules or a civil code. Hence, the public law provides the legal framework within which PPP contracts must be negotiated, quite opposite to a private contact which is subject to the legal principle on freedom of contract. In the common law member states such as the United Kingdom, Ireland and Malta, the legal tradition is based on case law and precedents, and thus commercial transactions and competition. In these member states, the legal approach to a PPP contract is based upon the same legal tradition as private contracts. Legal negotiations and the resulting regulations within the EU are a compromise between the different legal systems and Brexit weakens the voice of common law in the EU. Regulating by legal statutes in general goes against the legal tradition in the UK. Brexit might tip the balance between civil law and common law in the EU and thus Brexit might pave the way for a legal framework on PPP in the EU. In addition, Ireland already has a national PPP legislation which is why a compromise between Ireland and the continental member states could be within reach.

Keywords: PPP, value for money, EU law, Brexit, comparative law

JEL Classification: K12, K20, K29

Suggested Citation

Tvarnoe, Christina D., How Brexit Might Pave the Way for a PPP Directive in the EU in a Value for Money Perspective (May 16, 2019). Copenhagen Business School, CBS LAW Research Paper No. 19-19. Available at SSRN: https://ssrn.com/abstract=3389169 or http://dx.doi.org/10.2139/ssrn.3389169

Christina D. Tvarnoe (Contact Author)

Copenhagen Business School - CBS Law ( email )

Porcelaenshave 18B, 1
Frederiksberg 2000
Denmark

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