Reconstructing the juridical identity of public private partnership

Chapter 5 contains the reconstruction of the essential elements that, on the basis of the analysis carried out in previous chapters, define the concept of public private partnership. Abandoning the ambiguity that dominates the political and juridical debate on the topic, the authors provide a definition based on juridical argumentation and the results of research carried out. The definition provided of public private partnership, as ‘the agreement between at least a private entity and a public authority for the joint management of one or more activities aiming at aiding public authorities in the satisfaction of a public interest’ is intended to part from the association with concession contracts, considered as a species of the broader genus. Elements included in and excluded from the definition are discussed in detail, also with reference to existing definitions of the concept.