Best Public-Private Partnerships (PPP) Lawyers in Faenza

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Studio Legale Valtancoli
Faenza, Italy

Founded in 2001
English
Studio Legale Valtancoli is a Faenza based Italian law firm that specializes in Successioni e Diritto di Famiglia and Diritto Bancario. The practice serves private clients and businesses across Emilia Romagna, delivering precise civil law expertise with a practical, results oriented approach.Led by...
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1. About Public-Private Partnerships (PPP) Law in Faenza, Italy

Public-Private Partnerships (PPP) in Faenza, Italy, are governed by a national framework that enables public authorities to collaborate with private partners to deliver infrastructure and services. The goal is to combine public oversight with private sector efficiency across design, finance, construction, operation, and maintenance. Faenza-specific PPP projects typically focus on essential services such as water, transportation, schools, and urban mobility projects.

In Faenza and the wider Emilia-Romagna region, PPPs are used to accelerate delivery of large projects while spreading risk and lifecycle costs. The municipality may decide to pursue a concession or a public procurement arrangement that includes private financing. The legal process requires transparent procurement, risk allocation, and clear performance standards managed by the public sector and a private partner.

When working with Faenza authorities, a local avvocato (Italian lawyer) or solicitor with PPP specialization is essential to navigate contract terms, regulatory compliance, and the bid process. A well drafted PPP agreement helps safeguard taxpayers, protect local interests, and ensure long term service quality for residents.

PPP contracts are designed to allocate risk between the public sector and private partners to improve service delivery and lifecycle cost efficiency.
World Bank PPP Knowledge Lab

2. Why You May Need a Lawyer

Below are concrete, Faenza-specific scenarios where you would benefit from PPP legal counsel. Each scenario reflects typical local processes and requirements in Emilia-Romagna.

  • You are a private firm bidding to design, build, and operate a new municipal school through a PPP concession and need help drafting the bid documents and risk sharing terms.
  • A Faenza municipality proposes a water treatment PPP and requires due diligence on technical, financial, and environmental compliance before signing the concession agreement.
  • You are a consortium partner seeking to terminate or renegotiate a PPP contract due to changes in demand, regulatory shifts, or financial distress in Faenza.
  • You want to verify compliance with regional environmental regulations and EU procurement rules during the tender process to avoid bid challenges.
  • You are an investor evaluating a long term PPP project and need help structuring financing, guarantees, and performance bonds to align with the Italian Code of Contracts.
  • You need to challenge or defend procurement procedures that Faenza or the Emilia-Romagna region has conducted in relation to a PPP project.

In each case, an avvocato specializing in PPP can clarify risk allocation, review concession terms, and coordinate with public authorities to maintain compliant and effective project execution.

3. Local Laws Overview

Public-Private Partnership governance in Faenza relies on national legislation that shapes how projects are planned, procured, financed, and operated. Here are two to three specific laws and regulatory concepts that govern PPP in Faenza:

Codice dei contratti pubblici (Legislative Decree D.Lgs. 50/2016)

This is the core national framework for public contracts including PPP concessions, design, build, operate projects, and related services. It transposed EU Directives 2014/23/EU and 2014/24/EU into Italian law and governs tender procedures, selection criteria, and contract performance. The decree entered into force in April 2016 and remains the primary PPP reference for Faenza projects.

Concessions and related procurement rules (transposition in practice)

Italy uses concession agreements and public-private concession models under the D.Lgs. 50/2016 framework. This includes responsibilities for private partners in financing, construction, and operation, with clear performance and service standards set by the public authority in Faenza. The approach focuses on long-term value for money and lifecycle management.

Decreto-Legge 32/2019, Sblocca Cantieri (conversion into law 55/2019) and related updates

Known locally as part of the Sblocca Cantieri package, this set of measures aimed to streamline procurement procedures and improve project delivery timelines for PPP and public works. It has influenced how Faenza drafts, advertises, and evaluates PPP tenders and concession agreements. The decree was issued in 2019 and subsequently enacted into law.

Note: While Faenza follows national procurement rules, regional authorities in Emilia-Romagna may issue guidance or supplementary procedures to align PPP projects with local planning and environmental standards. For broader context, see international PPP guidance below.

EU directives and national codes together set the rules for how Faenza can structure, finance, and operate PPP projects while protecting public interests.
World Bank PPP Knowledge Lab

For broader context and international best practices, you can also consult OECD and European PPP resources listed in the “Additional Resources” section.

4. Frequently Asked Questions

What is a PPP and how does it work in Faenza?

A PPP is a collaboration where a private partner funds, builds or operates a public asset under contract with the municipality. Faenza uses PPPs to deliver long-term services with performance based obligations.

In Faenza, the public sector retains control and oversight, while the private partner provides expertise, financing, and management. The contract defines risk allocation, payment mechanisms, and service standards.

How do I start a PPP project with the Comune di Faenza?

Begin with a decision by the municipality to pursue a PPP and appoint a project management team. Then publish a call for proposals on the national procurement platform and engage a PPP lawyer to draft tender documents.

Do I need a public procurement qualification to bid?

Yes. Bidders typically must meet qualification criteria covering legal, financial, technical, and, for some projects, environmental and health and safety requirements. A lawyer helps verify compliance.

Is Faenza allowed to use PPP for water services?

Yes. Water and other essential services are commonly delivered under PPP concessions where the private partner supports financing and operation under strict public oversight.

How long does a Faenza PPP project typically take, from planning to operation?

Project timelines vary by project size but commonly range from 18 to 48 months for procurement and design, followed by 15 to 30 years of operation under the concession agreement.

What are the main cost considerations in a Faenza PPP?

Costs include design and construction, private financing, operation, maintenance, lifecycle costs, and performance based payments. The contract should specify how costs are shared and how value for money is measured.

What is the difference between a PPP concession and a traditional contract?

A PPP concession transfers more lifecycle risk to the private partner, which finances and operates the asset. A traditional contract typically involves public financing and public maintenance responsibilities.

How do I assess risk in a Faenza PPP deal?

Assess risks such as demand, construction delays, financial viability, regulatory changes, and performance risk. An avvocato can help model these risks and draft appropriate risk-sharing clauses.

Can a PPP be used for a Faenza school or hospital project?

Yes, PPPs are often used for durable public facilities like schools and hospitals where long-term funding and maintenance arrangements are beneficial to the public sector.

Should I hire a PPP lawyer before bidding?

Absolutely. A specialized lawyer helps with tender strategy, contract terms, risk allocation, and compliance, reducing the chances of bid challenges or disputes later.

Do I need to engage regional or national authorities during procurement?

Yes. Procurement decisions require coordination with Emilia-Romagna regional authorities and national procurement rules to ensure legality and transparency.

Do PPP contracts require ongoing regulatory approvals in Faenza?

Yes. Long-term PPP operations require ongoing regulatory oversight, environmental compliance, and periodic performance reviews as defined in the concession contract.

5. Additional Resources

  • World Bank PPP Knowledge Lab - https://ppp.worldbank.org/
  • OECD Public-Private Partnerships - https://www.oecd.org/cfe/ppp/
  • European Investment Bank - European PPP Expertise Centre (EPEC) - https://www.eib.org/en/publications/epec-ppp

6. Next Steps

  1. Define the Faenza PPP project objective and scope, including the asset type and service level required. Timeline: 1-2 days.
  2. Gather the initial documents from the municipality and identify a shortlist of qualified PPP lawyers or law firms with local experience in Faenza. Timeline: 1-2 weeks.
  3. Schedule initial consultations to assess bid strategy, risk allocation, and contract framework. Timeline: 1-3 weeks.
  4. Hire a local avvocato with PPP expertise to review tender documents and draft contract terms. Timeline: 2-4 weeks.
  5. Draft and refine the concession or PPP contract, including performance measures, payments, and remedies. Timeline: 4-8 weeks.
  6. Submit the bid or negotiate with Faenza authorities, while ensuring compliance with procurement rules and regional requirements. Timeline: 8-12 weeks.
  7. Establish ongoing legal support for contract administration, compliance, and potential dispute resolution. Timeline: ongoing.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.