BOT Contract through the optics of Albanian legal provisions - Issues of the implementation and transfer framework

Authors

  • Entela Prifti Court of Appeal Judge, Korça, Albania

DOI:

https://doi.org/10.7336/academicus.2016.14.06

Abstract

The last years have resulted in an increase of concession contracts in Albania, followed by a revised modern legal framework. Beside the debate on whether the government should perform most of the activities itself instead of giving them to the private sector through a concession contract, the concession contracts are nowadays a reality and as such they should be studied and analysed carefully. The scope of this article is limited to the provisions of the Albanian legislation and its approach to the international provisions regarding BOT (build – operate - transfer) concession contract. A detailed analyse will drive to the conclusionas to what extent the Albanian concession legislation does compile with the international accepted principles of Public Private Partnership concerning mainly implementation and transfer phase of a BOT contract. Albanian Public Private Partnershiplegislation has gone through many revisions and amendments during the last twenty years, resulting in a challenging situation for everybody that deals with any aspects of a concession. Having a detailed understanding of the legal provisions is indeed the core element toward a successful implementation process of any concession, resulting in the highest profitability for concession parties, the public entity and the private investor, and consequently culminating to the best interest of the population.

Keywords:

Albanian legislation, concession, BOT contracts, implementation, transfer, international legal framework

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References

  1. UNICITRAL Model Legislative Provisions on Privately Financed Infrastructure Projects (Prepared by the United Nations Commission on International Trade Law).

  2. Green Paper on Public – Private Partnerships and Community Law on Public Contracts and Concessions (Commission of the European Communities).

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Published

2016-07-01

How to Cite

Prifti, E. (2016) “BOT Contract through the optics of Albanian legal provisions - Issues of the implementation and transfer framework”, Academicus International Scientific Journal. Vlora, Albania, 7(14), pp. 94–106. doi: 10.7336/academicus.2016.14.06.

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