Limited public rights Introduction to the research project and a view on the Administration's perspective

1. Limited public rightsIntroduction to the research project and a view on the Administration's perspective Prof. Dr. Willemien den Ouden

2. General introduction • Department of Public Law of Leiden University • VU University Amsterdam Centre for Law and Governance

3. Program • Dutch research project • Objectives international expert meeting • Perspective of administrative authorities a. Obligation to create scope for competition b. Other case law requirements • Final remarks

4. Dutch Case • Public rights: authorizations and subsidies • Limited public rights: a ceiling is set • New phenomenon? • More limited rights schemes • More appeals • Debate • From day-to-day legal practice, to ‘general allocation issues’ • General theory?

5. This expert meeting • General introductions • Specific limited public rights • General issues (competition law, transparency, legal protection) • Building blocks for a general (European) theory?

6. Administrative authorities • Key role as a result of lack of legislation on allocation rules • Obligation to create a possibility to compete • Other case law requirements

7. Competition • Obligation of creating scope for competition in the context of the allocation of limited authorizations; • by providing information about available rights and allocation system to potentially interested parties • Questions, questions…

8. Other case law requirements • Coherent and transparent implementation • Verifiable results: • Reasoning • Access to documents

9. Final remarks • Administrative authorities: key role but also left in the dark • Forceful interested parties • Increasing case law requirements • Lack of expert knowledge • Time pressure • A challenge!