PPP Legal Framework

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The PPP legal framework refers to all laws and regulations that govern the PPP project cycle. Governments embarking on PPPs may need to adapt the existing legal framework to ensure—at minimum—that contracts for the delivery of public services by a private entity can be entered into. In some cases, changes may be necessary to introduce PPP-specific processes and responsibilities. Some governments do so by adapting existing laws; others introduce specific legislation. The legal framework for PPP depends on the legal tradition in the country—common law and civil law are the two main types. In civil law systems, the operations of government are codified through administrative law. This code, combined with other legislation, such as the civil code and the commercial and public contract codes, establishes legal rights and processes that apply to PPP contracts. Common law systems are less prescriptive, with fewer provisions governing contracts in general. As a result, contracts in common law countries tend to be longer than in civil law countries; the terms governing the relationship between the parties tend be specified in greater detail to avoid ambiguities that may not be easily resolved by reference to specific jurisprudence. This section briefly describes and provides examples of PPP legal frameworks: Scope of the PPP Legal Framework describes the broad scope of legislation that may affect PPPs and PPP Laws focuses on PPP-specific legislation. The following resources provide overview guidance on assessing and developing the legal and regulatory framework for PPPs: Visit the PPP Online Reference Guide section to find out more. Subsections
Find in pdf at PPP Reference Guide - PPP Framework or visit the PPP Online Reference Guide section to find out more.
Updated: June 23, 2022
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