Full Title (English)
Academicus International Scientific Journal
Publisher
Academicus International Scientific Journal
ISSN
20793715 (Printed Journal)
23091088 (Online Journal)
Journal Volume Number
14
Journal Issue Date (YYYY/MM)
2016/07
Full Title (English)
BOT Contract through the optics of Albanian legal provisions - Issues of the implementation and transfer framework
By (author)
Affiliation
Court of Appeal Judge, Korça, Albania, Doctoral Candidate
Number of Pages
13
First Page
94
Last Page
106
Language of text
English
Publication Date
2016/07
Copyright
2016 Academicus
Main description
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.
ISSN
20793715
Journal Title
Academicus International Scientific Journal
Journal Issue Number
10
Journal Issue Date
2014
First Page
170
Full Title
Contractual Obligations under the Private International Law in Albania
Author
Çela, Ervis [person]
ISSN
20793715
Journal Title
Academicus International Scientific Journal
Journal Issue Number
9
Journal Issue Date
2014
First Page
120
Full Title
The administrative review of concession agreements
Author
Hajdari, Fatmira [person]
Unstructured Citation
UNICITRAL Model Legislative Provisions on Privately Financed Infrastructure Projects (Prepared by the United Nations Commission on International Trade Law).
Unstructured Citation
Green Paper on Public – Private Partnerships and Community Law on Public Contracts and Concessions (Commission of the European Communities).
Unstructured Citation
Law No. 7973, datedon 26. 7. 1995 “On the Concessions and the Private Sector Participation in Public Services and Infrastructure” .
Unstructured Citation
Law No. 9663, dated on 18. 12. 2006 “On the concessions” .
Unstructured Citation
Law No 125/2013 “On concessions and the Public Private Partnership” .
Unstructured Citation
Law No. 9901, dated on 14. 4. 2008 “Fortraders and commercial companies”.
Unstructured Citation
Law No 7850, dated on 29. 7. 1994 “Civil Code of the Republic of Albania”.
Unstructured Citation
Law of Obligations (General and Specific part), Mariana Tutulani – Semini, Tirana 2006 .
Unstructured Citation
Law of Obligations I, ArdianNuni, IlirMustafaj, AsimVokshi, Tirana 2008 .
Unstructured Citation
Francesco Galgano, “Private Law“ (First publication), “Luarasi“, Tirana 1999 .
Unstructured Citation
Law No 9312 dated on 11. 11. 2004”On ratification of the concession agreement between the Council of Ministers of the Republic of Albania and the concessionaire company “Tirana Airport Partners” Ltd for the construction, commissioning, operation and maintenance of the international airport “Mother Teresa”in Tirana and giving some incentives to this concession company.”
Unstructured Citation
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Unstructured Citation
Law No. 118/2015 dated on 29. 10. 2015 “On the amendment of the concession agreement for financing, building and operating the service of scanning containers and other vehicles in the Republic of Albania and the scanning service fee approved by law No. 123/2013” .
Unstructured Citation
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Unstructured Citation
Prime Minister Order No. 15, dated on 1. 2. 2015 “On the establishment of interinstitutional negotiating working group to solve the disputes with companies “S2 Albania” Ltd and “Rapiscan Systems” INC, derived from the concession contract signed with the Ministry of Finance”.
Unstructured Citation
Overview of the PPP Legal and Institutional Framework in the Western Balkans, July 2014 prepared by European PPP Expertise Centre (EPEC) .
Unstructured Citation
Case Studies on Build Operate Transfer, Prof. Drs. Ir. Sebastiaan C. M. Menheere, Prof. Spiro N. Pollalis, Dipl. Eng. , SM. , MBA, Ph. D, 1996.