The Law primarily addresses the legal framework governing public-private partnerships (PPPs), aiming to facilitate sustainable development, improve public service quality, and stimulate cooperation between public and private sectors. It establishes core principles such as equality, transparency, proportionality, balance, competitiveness, contractual freedom, good faith, and cooperation, which guide PPP relations. The Law delineates various forms of PPPs, including contractual and institutional types, and specifies the scope, objectives, and limitations, notably excluding certain activities like purely goods provision without additional obligations. Key measures include detailed procedures for initiating, developing, and executing PPP projects, emphasizing the importance of feasibility studies, transparent selection processes, and competitive tendering. The Law mandates the publication of information, the formation of selection committees, and the assessment of tenders based on multiple criteria such as quality, price, and environmental impact. It also prescribes mechanisms for financing investments, risk sharing, and contractual modifications, along with provisions for guarantees, duration, ownership rights, and termination conditions. The establishment of institutional bodies like the Agency, the Government, and the National Agency for the Resolution of Contestations underscores the structured approach to oversight and dispute resolution. Implementation is structured through specific institutional responsibilities, including approval of project lists, feasibility studies, and contracts by the Government and relevant ministries, with timelines such as a 30-day period for feasibility study endorsement. The Law provides for monitoring, control, and appeal procedures, including the role of the Agency and the National Agency for the Resolution of Contestations, ensuring procedural transparency and stakeholder involvement. It also specifies the legal consequences of non-compliance, procedures for contract amendments, and the process for resolving disputes in courts, establishing a comprehensive legal and institutional framework for PPPs.
República de Moldova · 2008-07-10