Clifford Chance

2018 Government Emergency Ordinance regarding public-private partnerships

15 May 2018

A new regulation regarding public-private partnership projects ("PPPs") was adopted by the Government and published in the Official Gazette on 18 May 2018, by means of the Government Emergency Ordinance no. 39/2018 (the "GEO 39"). 

GEO 39 repeals Law 233/2016 regarding public-private partnerships, as further amended ("Law 233") and is intended to create a new legislative framework under which PPP projects to be developed.

As a general note, GEO 39 follows the structure established by the former legal framework created under Law 233, but intends to regulate in less detail certain aspects. One important change from Law 233 is that GEO 39 does not make any reference to future application norms to be adopted, suggesting that PPP projects may be launched immediately, based solely on GEO 39.

Download PDF