MVV413K Law of Concessions

Faculty of Law
Autumn 2024
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Katja Štemberger Brizani, PhD (seminar tutor), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
prof. JUDr. Ing. Michal Radvan, Ph.D. (seminar tutor)
Guaranteed by
prof. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV413K/01: Mon 7. 10. 14:00–15:40 S125, 16:00–17:40 S125, Tue 8. 10. 18:00–19:40 S125, Wed 9. 10. 14:00–15:40 S125, Thu 10. 10. 16:00–17:40 S125
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 24 student(s).
Current registration and enrolment status: enrolled: 20/24, only registered: 1/24
fields of study / plans the course is directly associated with
Course objectives
The course will provide theoretical knowledge of concessions with an emphasis on their regulation in EU and Slovenian law. The specific aim is to raise students' awareness of the importance of the issues at stake and to arouse their interest by discussing the fundamental problems caused by the dual regulation of concessions, both at the European and national levels and in public and private law. The knowledge acquired is substantively linked to different areas of law: European law, administrative law, contract law, and administrative procedural law.
Learning outcomes
At the end of the course, students should be able to:
1. understand the differences between concessions and similar legal institutes;
2. discuss the reasons for the special regulation of concessions at the EU level;
3. understand the scope of Directive 2014/23/EU
4. describe the concession award procedure, including the legal redress procedure;
5. distinguish between the public law and private law elements of concession contracts;
6. discuss the reasons for the limited contractual autonomy of the parties to the concession contract;
7. apply theoretical knowledge to practical cases relating to concessions.
Syllabus
  • 1. Introduction to concessions: definition of concessions; concession evolution; differences between concessions and other similar legal institutes (public procurement, permits, licenses); concessions in EU law, concessions in Slovenian law.
  • 2. Concession award procedure and legal redress: scope of application of Directive 2014/23/EU; exceptions to the application of the Directive (Teckal and Hamburg doctrine, water sector, etc.); principles of concession law; participants in the concession award procedure; conditions for participation, grounds for exclusion of an economic operator; overview of the stages in the concession award procedure (preparatory actions, selection of the concessionaire, conclusion of the concession contract); legal protection of unsuccessful tenderers (including the liability for damages).
  • 3. Concession implementation phase: conclusion of the concession contract; subject matter of the concession contract; formal requirements; performance of the contract with subcontractors; conditions for modification of the concession contract during its term; changed circumstances legal regime; termination of the contract.
Literature
  • See Teacher's Information for full details.
Teaching methods
Lecture, discussion, case study.
Assessment methods
A written exam during the final part, which will consist of solving practical cases and short answer questions.
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
Teacher's information
Syllabus

The course will consist of three parts. The first part will present the theoretical background of concessions, including their definition, aims, distinction from similar legal institutes (such as public procurement, licenses, and permits), and reasons for their harmonisation at the EU level. The concept of concessions from the perspective of Slovenian law will also be presented. The second part will focus on the concession award procedure according to Directive 2014/23/EU, including the legal remedies available to unsuccessful tenderers. This part will present the scope of Directive 2014/23/EU, the exceptions to its application, the preparatory steps in the concession award procedure, the selection procedure with the publication of the concession notice (or other notices), and the conclusion of the concession contract. The third part will be devoted to the concession's implementation phase, focusing on the legal nature of concession contracts, (in)permissible modifications of concession contracts during their term, changed circumstances regime, and other selected issues. In addition to the legal framework and theory, these aspects will also be presented with reference to the case law of the CJEU.

Literature

K. Štemberger: Legal Dilemmas in the Field of Granting Concessions in Slovenian Law and Some Solutions in Comparative Law, Croatian and Comparative Public Law Administration, 2022, Vol. 22, No. 1, pp. 37-66. https://doi.org/10.31297/hkju.22.1.5.

K. Štemberger: Legal protection of concession contracts - at the interface between public and private law and European and national law. Studia Iuridica Lublinensia, 2023, Vol. 32, No. 1, pp. 335-355. https://journals.umcs.pl/sil/article/download/15058/pdf

K. Štemberger: Public and Private Law Aspects of Breach of the Concession Contract in Slovenian Law, Hrvatska i komparativna javna uprava: časopis za teoriju i praksu javne uprave, 2023, Vol. 23, No. 2, pp. 241-271. https://hrcak.srce.hr/306333

K. Štemberger Brizani: Changed circumstances and concession contracts: Slovenian law in a comparative perspective, Anali Pravnog fakulteta u Beogradu, 2023, Vol. 71, No. 4, pp. https://anali.rs/xml/202-/2023c/2023-4e/Annals_2023-4e-03.pdf

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