In 2006, the National Assembly passed a specific PPP law; the PPP Act entered into force in March 2007 and is an umbrella act for all PPP projects. Concessions relating to public utility services are also regulated by the Public Utilities Act (Zakon o gospodarskih javnih službah, Official Gazette of Republic of Slovenia, No. 32/1993 et al; hereinafter the “Utilities Act”) and concessions with elements of public procurement are regulated by the Public Procurement Act (Zakon o javnem naročanju, Official Gazette of Republic of Slovenia, No. 128/2006; last amendment: Official Gazette of Republic of Slovenia,No. 19/2010). The PPP Act systematically regulates the system of private investments in construction, maintenance and/or operation of structures and facilities of PPP and other projects that are in the public interest.
The PPP Act mirrors the regulation of PPP on the EU level and gives a solid legislative basis for establishing and carrying out PPP projects. However, in spite of this new specific PPP law, few federal PPP projects have been closed in Slovenia in recent years. Most PPP projects are at a local level. It has been suggested that PPPs may be established where public procurement is not economically justifiable in order to take public services and works “off balance sheet”. However, it is argued that promoters should do more to emphasise the benefits of PPPs, especially as the Slovenian public sector appears reluctant to move away from being a direct operator towards the role of organiser, regulator and controller within the framework of PPPs. Two years after the implementation of the PPP Act, not enough time has yet passed to allow a fair judgement of its success. However, it is already apparent that changes to the PPP Act are required to ensure adequate and efficient supervision by the public sector.
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