2017/2018 PPP LAWS ASSESSMENT IN THE EBRD REGION

For the 2017/2018 PPP assessment, the EBRD has developed and updated the criteria under which each country has been assessed in terms of (a) the compliance of its legal framework with internationally accepted standards and best practices, as well as (b) its effectiveness, (the “checklist” used for this assessment).

The checklist is divided into two parts. Part I considers the extent to which the legislative framework in a jurisdiction is harmonised with internationally accepted standards and best practices for (i) project preparation and selection, (ii) selection of the private partner, (iii) the content of the project agreement, and (iv) security issues and government support for a project. Thus, the results of Part I show the compliance with such internationally accepted standards and best practices.

Part II considers the effectiveness of the legal framework (and the public support) for PPPs and concessions in terms of the policy framework, institutional framework, number and sectors of projects actually awarded and specific business environment for PPPs and concessions.

For assessment purposes, the countries where the EBRD operates have been clustered in two groups. The first and larger group of countries has been assessed using a range of paper-based resources (legal texts, national reports, legal articles, research findings, press coverage). Each of the second group of countries, consisting of twelve countries where the EBRD is operative, has been subjected to a more extensive assessment. This means that in addition to the methods and resources used for the assessment of the first group of countries, the EBRD has used a more focused approach by running a set of interviews with national authorities and private sector stakeholders in these countries (see section 1.6 and Annex I of the Assessment).

For the detailed methodology please see Chapter 1 of the 2017/2018 PPP assessment.

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