1. Romania's new PPP law – main
benefits/challenges
The much-awaited Law no. 233/2016 on the public-private
partnership came into force on 25 December 2016. While this law is
not operational until the Romanian Government approves the
methodological norms for its enforcement, it establishes the
premises for implementation of PPP projects in Romania.
During the past six years, Romania had a PPP law (namely, Law
no. 178/2010 on the public-private partnership) solely on paper, no
project being promoted based on its provisions. Investors, lenders
and public sector alike considered the mechanisms provided by Law
no. 178/2010 nonbankable, ambiguous and risky. That situation was
caused by several flaws of Law no. 178/2010, such as the disregard
of the EU principles and practice on public contracts and available
remedies, the massive overlapping with the public procurement and
concession legislation – leading to an uncertain scope of Law
no. 178/2010, the interdiction to
