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Green Light for PPP on German Motorways? |
Hartmut Bauer1(), Michael Meier2() |
1. Professor in Public Law, Faculty of Law, Potsdam University, Potsdam 14482, Germany 2. Ph.D. candidate and Scientific Assistant, Faculty of Law, Potsdam University, Potsdam 14482, Germany |
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Abstract While public–private partnerships (PPPs) have surged worldwide since the 1990s, they have been met with growing skepticism during the last years. A recent revision of Germany’s constitutional rules on motorway construction and observations on the use of PPPs published by both the German and the European Courts of Auditors illustrate this new caution. These two examples fit into a general trend towards a revival of the public sector, which can be summarized under the cross-level umbrella term “publicization.” It would, however, be remiss to replace the uncritical euphoria that once surrounded privatization with a similarly undifferentiated euphoria regarding publicization. Rather, it is crucial to identify the most appropriate solution for the fulfilment of each public task from the “toolbox” of publicization on the one hand and privatization on the other hand in order to ensure the most effective completion of public functions.
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Keywords
publicization
remunicipalization
recommunalization
nationalization
rena- tionalization
public–private partnerships
PPPs
privatization
motorways
infrastructure
construction
toll
economic efficiency
court of auditors
debt ceiling
economic impact analysis
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Issue Date: 25 November 2019
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