engleski

Award of concession contracts in law of the European Union

Concessions are partnerships between public sector and mostly private companies, where the latter exclusively operate, maintain and carry out the development of infrastructure or provide services of general economic interest. Unlike public procurement contracts which are regulated by secondary law of the European Union and public works concessions, which are partially regulated by European rules on public procurement, the award of service concessions is not subject to any secondary law provisions. It is regulated only by the general principles of the Treaty on the Functioning of the European Union (Treaty). This situation gives rise to potentially serious distortions of the Internal Market in sense of direct awards of concessions without any competition and generates considerable inefficiencies. At time of pressing demands for efficient spending of public money, there is an urgency in establishing a clear European legislative framework ensuring delivery of works and services at best value for money. This will be guarantied through a Union wide competition for high value concessions where all applicants are given a fair chance of winning the contract. So, the European Commission proposed to the European Parliament and the Council adoption of a Directive on the award of concession contracts (Proposal for a Directive on concessions, the Proposal), which is analyzed in this paper.

ugovori o koncesiji; koncesije za javne usluge; koncesije za javne radove; ugovori o javnoj nabavi; dodjeljivanje ugovora o koncesiji

nije evidentirano