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Limited Public Rights: Administration's Perspective on Competing Obligations

Explore the Dutch research project on limited public rights and the obligations of administrative authorities in creating competition scope. Key topics include authorizations, subsidies, case law requirements, and general allocation issues. Delve into the challenges and potential building blocks for a European theory regarding limited public rights.

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Limited Public Rights: Administration's Perspective on Competing Obligations

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  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!

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