Best Public-Private Partnerships (PPP) Lawyers in Gorizia

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Gorizia, Italy

3 people in their team
English
COM Studio legale is a three-attorney practice based in Gorizia, comprising Erika Cernic, Valentina Olivo and Giulia Marangon. The team specializes in civil law with a strong emphasis on family matters, debt recovery, succession issues, road traffic accidents, and general property rights. Their...
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1. About Public-Private Partnerships (PPP) Law in Gorizia, Italy

Public-Private Partnerships (PPP) are long-term collaborations between public authorities and private partners to deliver, operate, or maintain public infrastructure or services. In Gorizia, PPP projects typically involve a concession, a design-build-finance-operate arrangement, or a joint venture structured to transfer risk and capital efficiency to the private sector. The goal is to improve service delivery while leveraging private sector capabilities for financing, construction, and operation.

Italy relies on a national framework to regulate PPPs, with the Codice dei contratti pubblici guiding procurement, concession awards, and contract management. Since PPPs cross the line between public duty and private investment, the regime emphasizes transparency, fair competition, and long-term performance monitoring. In Gorizia, local administrations follow national rules while tailoring procedures to project size and local context.

Key features of PPP practice in Italy include clear risk allocation, performance-based payment mechanisms, and robust oversight by public authorities and external auditors. Because PPP contracts often span decades, careful drafting of payment triggers, service standards, and exit provisions is essential. Recent trends emphasize digital procurement, risk sharing, and alignment with EU funding instruments.

Italy relies on a national framework for PPPs that combines the Codice dei contratti pubblici with EU directives to regulate concessions and project delivery.

Source: World Bank PPP Knowledge Center

European investment and development institutions emphasize long-term value for money, risk allocation, and transparent tender processes in PPPs across Europe, including Italy.

Source: European Investment Bank (EIB) - PPP Knowledge Center

2. Why You May Need a Lawyer in Gorizia

Drafting and negotiating PPP contracts requires precise legal analysis and practical negotiation skills. A lawyer with PPP experience in Gorizia can help you avoid costly mistakes and align the project with local processes and funding opportunities.

  • Tender preparation for a Comune di Gorizia project - A private consortium plans to bid on a new city hospital facilities PPP. A lawyer helps with bid documentation, compliance with D.Lgs. 50/2016, and identifying risks the city may allocate to the concessionaire.
  • Reviewing concession agreements and risk allocation - A regional PPP for water services requires careful drafting of availability and performance guarantees, disclosure obligations, and termination rights that protect public interests and ensure project viability.
  • Structuring project finance and bankability - A multi-year road PPP may rely on project financing. A solicitor can advise on financing covenants, lender protections, and compliance with Italian financial regulations.
  • Navigating tender irregularities and disputes - If a bid is challenged for alleged non-compliance or bias, a lawyer can assess standing, remedies, and dispute resolution options under Italian procurement law.
  • Cross-border or cross-regional considerations - If a PPP in Gorizia involves cross-border elements with Slovenia, a legal advisor can address cross-border procurement rules, funding eligibility, and cooperation agreements under EU frameworks.

3. Local Laws Overview

The PPP landscape in Gorizia is shaped by national law implemented through regional and municipal procedures. The following laws and regulations govern PPP procurement, concession awards, and project delivery across Italy, including Gorizia.

  • Decreto Legislativo 50/2016 - Codice dei contratti pubblici. This law, effective from 2016, provides the core framework for public procurement, concessions, and PPP structures in Italy. It implements EU directives and standardizes procedures for competitive bidding, contract awards, and contract management.
  • Directive 2014/24/EU (transposed as part of D.Lgs. 50/2016) - EU rules on public procurement and concessions. While implemented through Italian law, the directive shapes how PPP tenders are organized, how bidders are evaluated, and how contracts are monitored for transparency and competition.
  • Decreto-Legge 16 luglio 2020, n. 76 (Semplificazioni) - Semplifications for public procurement and PPP procedures. This reform focused on accelerating procurement, expanding defined negotiating practices, and updating documentary requirements to streamline project delivery. It has been implemented through subsequent parliamentary acts and amendments, with ongoing effects on how PPP tenders are conducted in Italy.

Recent trends in the region emphasize governance, digital procurement, and alignment with EU funding streams available to border regions like Friuli-Venezia Giulia. For cross-border projects involving neighboring Slovenia, project structuring often relies on EU instruments and regional cooperation agreements before the Italian procurement process starts.

EU procurement rules require clear value for money, competitive bidding, and transparent procedures for concessions and PPPs, which remain central to Italian PPP practice.

Source: World Bank PPP Knowledge Center

4. Frequently Asked Questions

What is the basic purpose of a PPP in Italy and Gorizia?

A PPP combines public objectives with private sector efficiency to deliver infrastructure or services. The arrangement aims to improve service quality, transfer certain risks to the private partner, and achieve better lifecycle cost management for the public sector.

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

Begin with a needs assessment, follow national procurement rules (D.Lgs. 50/2016), and obtain early approvals from the city council. Prepare a procurement plan, feasibility study, and risk assessment before issuing a tender.

What is a concession versus a traditional public contract in PPPs?

A concession grants private partners the right to design, build, and operate a facility or service for a long term, recovering costs through user charges or availability payments. A traditional contract typically pays the private party for specific works or services without long-term operation rights.

How long does a typical PPP tender process take in Italy?

Timelines vary by project complexity, but major infrastructure PPPs often span 12-36 months from initial market sounding to contract signature, with additional post-award procurement steps.

Do I need a PPP specialist lawyer to bid on a project in Gorizia?

Yes. A specialist lawyer helps ensure compliance with D.Lgs. 50/2016, handles bid documentation, negotiates terms, and assesses risk exposure for the public sector and the private bidder.

What are common risk allocations in PPP contracts?

Key risks include construction delay, procurement changes, force majeure, financing availability, and performance risk. The contract should clearly assign these risks to the party best able to manage them.

Can a foreign company bid on a PPP project in Gorizia?

Foreign bidders can participate if they meet technical and financial qualifications and comply with procurement rules, including national and EU competition requirements.

What documents are typically required to bid on a PPP project?

Common documents include corporate information, financial statements, technical capability, project approach, risk mitigation plans, and a detailed bid price with assumptions and contingencies.

How much can a PPP project cost in the Gorizia area?

Costs vary widely by project type and scope. Large infrastructure PPPs can reach hundreds of millions of euros, requiring rigorous financial modeling and lender due diligence.

What is the role of public authorities in PPP oversight in Gorizia?

Public authorities set contract terms, monitor performance, verify compliance, and ensure value for money throughout the life cycle of the PPP project.

Do I need to conduct environmental and social impact assessments for PPPs?

Yes. Environmental and social impact analyses are typically required to obtain approvals and to ensure long-term project sustainability and regulatory compliance.

How should disputes over a PPP contract be resolved in Italy?

Disputes are usually resolved through negotiation, mediation, or arbitration, with some contracts providing for Italian courts or specialized PPP dispute mechanisms depending on the agreement.

5. Additional Resources

Access authoritative, organization-level guidance and regulatory context for PPPs from recognized bodies with global or European reach.

6. Next Steps

  1. Define the project scope and confirm whether a PPP structure is the best fit for your goals, budget, and risk tolerance. Allocate internal owners and a project timeline for initial milestones.
  2. Identify PPP lawyers with relevant experience in Gorizia, the Friuli-Venezia Giulia region, and Italian public procurement. Gather a short list based on demonstrated experience with concessions, design-build-finance-operate models, and cross-border considerations.
  3. Request initial consultations to assess legal strategy, contract drafting capabilities, and negotiation approach. Prepare a high level project brief and your key objectives for the meeting.
  4. Obtain and compare fee structures, retainer arrangements, and scope of work. Ensure your engagement includes risk assessment, procurement support, and contract negotiation.
  5. Review proposed tender documents and draft contracts with your lawyer. Focus on risk allocations, performance metrics, payment mechanisms, and termination provisions.
  6. Develop a due diligence plan covering financial viability, environmental impact, and regulatory compliance. Include a lender readiness review if project financing is contemplated.
  7. Commit to a formal engagement and set a communication cadence for ongoing advice during tendering, award, and contract negotiations. Establish a document versioning system to track changes.

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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.

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