Conference paper
https://doi.org/10.31141/zrpfs.2025.62.156.275
Concession Contracts – Experiences and Challenges
Krešimir Dragić
orcid.org/0009-0007-4557-0583
; Ministarstvo financija Republike Hrvatske
Abstract
According to the provisions of the Law on Concessions (Official Gazette No. 69/17, 107/20;
hereinafter: Law on Concessions), a concession contract is defined as an administrative contract
concluded in writing and for a certain period of time by the grantor of the concession and the
concessionaire. The contract stipulates mutual rights and obligations related to the granted concession
on the basis of an administrative act, i.e. a decision on the granting of a concession. Given that a
concession is a right acquired through a contract by which a public body grants certain rights to
perform contractual relations to a person under private law, it is envisaged that an administrative
contract will be concluded for concessions, and not, as until 2017, a private law contract to which
the provisions of civil and commercial law were applied. Among other things, this means that in
the event of a dispute between the concessionaire and the concessionaire, the administrative court
is competent, and not, as before, the commercial court for disputes that arise when the contract is
signed. The definition of a concession contract as an administrative contract enables the improvement
of previous concession models, where the key is the conduct of the concession grantor and the
correct determination of all financial effects before and during the concession granting procedure,
and consequently, during the duration of the concession contract. In this paper, the author provides a
brief overview of the current concession system in the Republic of Croatia, with an emphasis on the
basic determinants that will guarantee efficient and successful concessioning and the achievement
of value for money, but also for a balanced concession contract between the concessionaire and the
concession grantor. It is essential, as follows from this paper, to correctly recognize the need when
developing concession models, and through detailed analysis to determine the future substantive
elements of the concession contract that will achieve added value for both the concessionaire and the
concession grantor. This mainly applies to concession contracts that enable a certain public service.
The development of the concession policy system offers a number of opportunities for the public
body, but it also requires additional engagement, administrative capacities and a clear definition of
sectoral policies.
Keywords
concessions; implementation of concession contracts; administrative contract; amendments to concession contracts; advantages of using the concession model
Hrčak ID:
333804
URI
Publication date:
30.6.2025.
Visits: 806 *