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Concessions and Similar Instruments in the EU and beyond

Book | 1st edition 2025 | Europe | Pim Huisman, Etienne Poltier, Steven Van Garsse
Description

Concessions continue to be a topic of interest to both daily practice and legal scholarship. This book highlights some specific themes to help bridge the current research gap. It deals with situations in which the government has a de facto or legal monopoly on (the allocation of) certain rights and where the private party acquiring these rights must make investments to subsequently be able to exploit these rights. The risk of recouping the costs incurred lies with the private party. Examples include mining, operating casinos, and operating parking garages. Although concessions are used in quite a few cases for these matters, this is not always the case. Indeed, sometimes similar instruments such as licenses or permits are used. The book anticipates this by including these instruments in its scope.

This bilingual – French and English – comparative law study focuses on EU countries (Belgium, France, Germany, Italy, the Netherlands, and Spain), as well as countries outside the EU (Argentina, Egypt, the United States of America, and Switzerland). To facilitate comparison, four concrete cases for analysis and discussion have been identified: the exploitation of arcade halls and casinos, mining resources, advertising on street furniture and municipal car parks. Three main questions are addressed: 1) What legal instrument is used to allocate the right to exploit? 2) What legal procedure is used to allocate this right? 3) How are the private party and the investments made by this party protected? In ten chapters with national reports, these cases are discussed in an in-depth manner and are set against a general overview of the legal system of the country concerned. Each national report has a general conclusion that transcends the separate cases that are studied. The main findings and conclusions of this book are presented in two chapters with an extensive transversal analysis.

All in all, this book gives the reader important insights into the situation surrounding ‘concessions’, provides a basis for thinking about solutions and raises important questions for future research. A must read for anyone dealing with concessions in academia or practice.

Digital version available on :

  • Strada lex Belgium
  • Strada lex Luxemburg
  • Strada lex Europa

You have a subscription? Activate the digital version for free with the code in the book.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9782802776307
Series name Droit administratif / Administrative law
Weight 490 g
Status Available
Number of pages 304 p.
Access to exercice No
Publisher Larcier
Language English
Publication Date Sep 1, 2025
Available on Strada Belgique Yes
Available on Strada Europe Yes
Available on Strada Luxembourg Yes
Table of contents

List of authors/Liste des auteurs
Foreword/Avant-propos
Introduction : concessions and similar instruments
Questionnaire for the national analysis (case studies)
Questionnaire pour les analyses nationales (études de cas)

Part I / Partie I. Case studies, National reports / Études de cas, Rapports nationaux
- Argentina / Argentine
Concessions and similar legal instruments in Argentina
- Belgium / Belgique
Concessions et instruments juridiques similaires
- Egypt / Égypte
Concessions and similar legal instruments in Egypt: an Egyptian case study
-France
Concessions et instruments juridiques similaires en France
- Germany / Allemagne
Concessions et instruments juridiques similaires en Allemagne
- Italy / Italie
Concessions and similar instruments in Italy
- Netherlands / Pays-Bas
Concessions and similar legal instruments in the Netherlands
- Spain / Espagne
Concessions et instruments juridiques similaires en Espagne
- Switzerland / Suisse
Concessions et instruments juridiques similaires en Suisse
- United States of America / États-Unis d’Amérique
Concessions and similar legal instruments in the United States of America

Part II / Partie II. Transversal studies / Rapports de synthèse
- Les ressources quantitativement limitées – Entre exploitation économique et considérations politiques
- The award procedures for concessions and similar instruments