The changing legal landscape for concession contracts in light of Directive 2014/23/EU

Abstract

The aim of this thesis is to analyse the developments that have taken place in the legal scenario of the field of concessions in EU law. The recent addition of Directive 2014/23/EU on the award of Concession Contracts („Concessions Directive‟) brought a change to the legal regime regulating these types of contractual arrangements. To this end, this thesis will be analysing whether the promulgation of this new Directive changed the legal landscape for concession contracts, and how that change is manifested throughout the various facets of this type of contract. Chapter 1 begins by providing a brief outline of what a concession contract entails when compared to the traditional public contract. Then it progresses by analysing the regime that regulated concession contracts prior to the Concessions Directive where works concessions and services concessions will be analysed separately. Analysis of the all important Treaty principles applicable to public procurement will also be made. This chapter also delves into the faults that were present in this regime, and the process that led to the adoption of Directive 2014/23/EU. Chapter 2 aims to critically analyse the provisions found in Title I of the Directive. Comparisons with the other Public Procurement Directives will be drawn and where applicable, reference to the previous regime will be made. This will help identify the development that lead to some particular provision, and the change that the Concessions Directive is bringing about. Chapter 3 will be analysing the obligations imposed upon contracting authorities and contracting entities throughout the procurement process. A logical pattern will be followed, where these obligations, and any regulations that were present prior to the Directive will be analysed according to the stage in the procurement process in which they appear.