Overview

Privatization and Outsourcing of Public Services, Public-Private Partnership

In the context of outsourcing, organisational forms of the public sector that are outsourced from the central administration and (private) third parties outside the administration are entrusted with the fulfilment of public tasks. This often results in a public-private partnership (PPP), which aims to achieve a division of labour and cooperation between the public sector and private partners. In a PPP, the private partner usually assumes responsibility for the efficient provision of a service that is related to the fulfilment of a public task, while the public sector remains responsible for ensuring that public welfare objectives are met. A task is transferred to a mixed-economy company if the company is jointly owned by public and private bodies. A number of different issues can arise in these areas for both the public and private sectors - for example, when a PPP is appropriate for the fulfilment of a task, how it should be structured in concrete terms or how to proceed in the event of differences between the responsible public sector and the entrusted private party.

Our expertise includes, in particular, the regulation of outsourcing of various kinds and the handling of disputes between the parties involved in outsourcing. Our clients include public authorities as well as private and public-private entities. We advise and support our clients comprehensively in connection with outsourcing and PPPs - for example in the realisation of PPP projects in the areas of education and research, infrastructure, health or culture and sport, in the negotiation of the corresponding contracts and in the context of contentious proceedings between the parties involved.

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