Review article
Directive 2014/23/EU on the Award of Concession Contracts and Its Application in the Shipping Sector
Božena Bulum
; Croatian Academy of Sciences and Arts, Adriatic Institute, Zagreb, Croatia
Marija Pijaca
orcid.org/0000-0002-0709-376X
; University of Zadar, Maritime Department, Zadar, Croatia
Marina Vokić Žužul
; Croatian Academy of Sciences and Arts, Adriatic Institute, Zagreb, Croatia
Abstract
In the area of the award of concession contracts there was a legal vacuum which European Courts tried to solve by clarifying some aspects related to the award of concession contracts in twenty-six pertinent judgements in that area they delivered since year 2000. Nevertheless, the situation in the area of the award of concession contracts was far from satisfactory. That alerted competent institutions of the European Union to the fact that problems connected with the award of concession contracts can not be adequately addressed on a case-by-case basis and that adoption of pertinent EU rules was necessary. Consequently, at the beginning of the year 2014 the Directive of the European Parliament and of the Council on the award of concession contracts was adopted (hereinafter: Concessions Directive). In this paper we are analysing the main elements of that Directive, such as the precise definition of concession, compulsory publication of concession notices in the Official Journal of the EU in prescribed cases, establishment of certain obligations with respect to the selection and award criteria to be followed by entities awarding concessions, regulation of modifications of concessions during their term, etc. In the paper a critical analysis of the application of the Concessions Directive in the shipping sector is also made, especially in the field of award of contracts for the provision of maritime cabotage services and contracts on providing port services, which are qualified as service concessions and, in that sense, are subject to the application of the Concessions Directive.
Keywords
concession contracts; Directive on the award of concession contracts; maritime cabotage; contracts on providing of maritime cabotage services; port services; contracts on providing port services
Hrčak ID:
157621
URI
Publication date:
29.4.2016.
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