The Legal Regime of Utility Services and Public-Private Partnership in Bosnia and Herzegovina
The author analyzes the state regulation of utilities and public-private partnerships (PPPs) in Bosnia and Herzegovina and points to the different models of implementation of the PPP, as well as practical experiences. The conclusion is that there is a need for harmonization of regulation and the reinforcement of the role of supervisory authority.
Legislation of PPP in BiH is fairly dispersed and positio- ned at different levels of alignment with the EU acquis. In this sense, there is a need for harmonization, where of great benefit could be the planned adoption of the law on PPP at the level of the FBiH entity.
The need to improve the quality of public services is, in any case, beyond doubt, and the lack of public funds fur- ther emphasizes the importance of developing cooperation between public and private sector.
PPPs, on the other hand, carry risks, especially with regards to applying the competition law and the possibility of creating corruptive conduct. Therefore, the competent supervisory authorities should have an enhanced role. Non-punishment of illegal actions causes mistrust towards these forms of investment, which ultimately harm the country's economic development. The regulations alone must clearly emphasize the need to protect the public inte- rest in the conduct and control of implementation of PPP projects.
Finally, the public sector must do more to attract investors. It is necessary to pay more attention to the creation of the strategy of developing PPP, especially at the local level. The positive results also come with the realization of a large number of projects of lesser value, not just the big ones.
