Diritto Pubblico Comparato ed Europeo

Sommario

1. Premessa. – 2. Sguardo d’insieme sui modelli e sulle forme di organizzazione più diffusi. – 2.1. Leasingmodelle. – 2.2. Investorenmodelle. – 2.3. Betreibermodelle (BOT, DBOT, DFBOT). – 3. Il quadro giuridico. L’assenza di una normativa generale del project financing in Germania. – 4. Vergaberecht. – 5. Haushaltsrecht. – 6. Kommunalrecht. – 7. Conclusioni e prospettive.

Abstract

In Germany, most public services are provided by local authorities. Rising costs and shrinking tax revenue have led to budget deficits. Thus, private financing of public infrastructures has become an important issue to face the increasing infrastructural gaps in Germany’s cities and rural districts. Private financing, design, (re-)construction and operation of public infrastructures can already be observed in sectors like waste management, waste water disposal and other public infrastructures like municipal buildings, schools, multi-story car parks and swimming pools. Nevertheless, Public Private Partnerships (PPP) have not yet reached the widespread application of other EC member states, like Great Britain and more recently, Italy. For this reason, increasing the use of PPP structures is still one of the major aims of public authorities, on both regional and local levels. These efforts have been supported by founding PPP Competence Centers to provide local decision-makers with best practice examples and also via a federal PPP Acceleration Act to eliminate obstacles of the legal framework.