Activating public-private partnership contracts as a mechanism to stimulate investment: a comparative study

Abstract

Activating public-private partnership contracts as a mechanism to stimulate investment: a comparative study Dr. Fali allal The relationship between the public and private sectors went through three basic stages. The first started with the waves of privatization that affected many sectors, activities and public institutions, in which the latter was finally transferred ownership to the private sector, then the second was marked by the mitigation of privatization by resorting mainly to concession contracts and companies Mixed economy and delegated management contracts, while the third stage began with the emergence of so-called public-private partnership contracts that aim to provide quality economic, social and administrative services and infrastructure at the lowest cost and develop good models for the governance of public facilities within public administrations on the basis of effectiveness. Thus the role of the state shifted from the actor to the role of the regulating observer and from the role of the service or providing services to the state sponsoring it. Thus, many western and Arab countries recently regulated these contracts as a new mechanism for sharing, contracting, bearing responsibilities and sharing risks between the public and private sectors, so that Decree No. 559/2004 of 2004 was amended in 2008 and 2009; In Egypt, the Law regulating the participation of the private sector in infrastructure projects, services and public utilities No. 67 of 2010 was issued; In Kuwait, the Public Private Partnership Law No. 116 of 2014 was issued; In Jordan, the Public-Private Partnership Law No. 31 of 2014 was issued. In Morocco, the idea of contracting to establish partnerships between the public and private sectors became a reality for the first time in many areas before it was subject to legal frameworks under Law No. 86.12 and the applicable decree. In view of the peculiarities and advantages that frame this mechanism from the mechanisms of cooperation between the public and private sectors, it can be asked on the one hand about the most important legal or economic benefits and incentives provided by them that would encourage the private sector to conclude partnership contracts with persons of public law, and thus invest in many Vital and important areas of the country; On the other hand, on some of the deficiencies, shortcomings, or deficiencies in the legal organization of this mechanism, whether in Kuwait, Morocco, or in other Arab and foreign legislation, which still makes many refugee private partners hesitate a lot in riding this type of long investment adventures Range and risky. In order to answer these questions, this research was divided into two topics. In the first, the role of some peculiarities of partnership contracts between the public and private sectors in promoting investment was discussed. In the second, the limits of this technology were discussed in that, and the contribution of some of the characteristics of these contracts to influencing their choice by private investors.

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