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Public works concession. Delimitation from other contracts

Author

Listed:
  • Catalina Georgeta Matei

    ("Transilvania" University of Brasov, expert in Brasov Territorial Office of People's Advocate, Romania)

  • Roxana Anca Adam

    ("Transilvania" University of Brasov, Judge at Brasov Tribunal, Romania)

Abstract

The concession of public services without the concession of the related public works was viewed as an exception. The public services contract was considered to rank first among the administrative contracts. The European Court of Justice ruled that establishing of the nature of a contract – whether it is a public works contract or a public contract of a different nature – is made by identifying the main purpose of the contract that determines the applicable directive, including situations where the contract has elements regarding the concession of public works as well as other types of public contracts. Also, the concept of concession used in relation to both concession and PPP was deemed in Romania as a source of confusion and ambiguity regarding the confidence of both the public and private partner within the context of project development.

Suggested Citation

  • Catalina Georgeta Matei & Roxana Anca Adam, 2012. "Public works concession. Delimitation from other contracts," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 2(2), pages 194-208, December.
    • Handle: RePEc:asr:journl:v:2:y:2012:i:2:p:194-208
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    File URL: http://www.tribunajuridica.eu/arhiva/An2v2/art15.pdf
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    More about this item

    Keywords

    public-private partnership; recipient; public interest; public services; capabilities; resources; risks and policies;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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