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      BOT Contract through the optics of Albanian legal provisions - Issues of the implementation and transfer framework

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      Academicus International Scientific Journal
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          Abstract

          The last years have resulted in an increase of concession contracts in Albania, followed by a revised modern legal framework. Beside the debate on whether the government should perform most of the activities itself instead of giving them to the private sector through a concession contract, the concession contracts are nowadays a reality and as such they should be studied and analysed carefully. The scope of this article is limited to the provisions of the Albanian legislation and its approach to the international provisions regarding BOT (build – operate - transfer) concession contract. A detailed analyse will drive to the conclusionas to what extent the Albanian concession legislation does compile with the international accepted principles of Public Private Partnership concerning mainly implementation and transfer phase of a BOT contract. Albanian Public Private Partnershiplegislation has gone through many revisions and amendments during the last twenty years, resulting in a challenging situation for everybody that deals with any aspects of a concession. Having a detailed understanding of the legal provisions is indeed the core element toward a successful implementation process of any concession, resulting in the highest profitability for concession parties, the public entity and the private investor, and consequently culminating to the best interest of the population.

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          Contractual Obligations under the Private International Law in Albania.

          This theoretical and practical part is related to the analysis and studies of the contractual obligations under the private international law. This work is divided into three parts, where respectively, the first part deals with the general part of the contractual obligations; the second part deals with the specific contracts, which are actually found also in a general regulation under law No. 10428, dated 02.06.2011 “Private International Law”; and the third part deals with the international and national jurisprudence aspect. This work as based on the ex-positio sinkronik system aims at giving a minimum contribution in the application of the international private law and clarifies the omission, collision and legal problematic aspects in practice. At the end of this work, there are our conclusions which serve as a deduction over the analysis and studies done to this part of the private international law.
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            The administrative review of concession agreements

            Concession agreements represent the most utilized and preferred legal option in the exercise of public functions by private entities. Before entering into a concessionary agreement, there is a special procedure that takes place, and that is one of the distinctive characteristics of this type of contract vis-a-vis other civil contracts. This procedure is provided for under the Public procurement law. Consequently, all agreements stemming from the exercise of the concession agreement are regulated according to the modalities defined in this law. According to the Public Procurement law, administrative reviews represent the first obligatory instrument used in defense of the rights that parties claim to have been violated or otherwise infringed. The administrative review is the scope of this paper, with the view to clearly determining the administrative entity where the appeal will be addressed to, the subject matter of the appeal, and the legitimated subject, as its integral part. The role of the Public Procurement Commission and its competencies during the process of the administrative review represent another aspect. The practice of concessionary agreements in Albania is only in its early steps of development. Furthermore, the legislation that provides for the concession agreements has suffered changes to reflect the international legislation. All of which have led to the case law encountering various issues, which we have only humbly tried to reflect in this paper, while also providing our opinion with regard to addressing them.
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              Author and article information

              Journal
              Academicus International Scientific Journal
              Academicus Journal
              20793715
              23091088
              July 2016
              July 2016
              : 14
              : 94-106
              Affiliations
              [1 ]Court of Appeal Judge, Korça, Albania
              Article
              10.7336/academicus.2016.14.06
              eb36344f-52ec-441c-bd33-001915c82b1f
              © 2016

              https://creativecommons.org/licenses/by-nc-nd/4.0/

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