Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, no. 4, p. 785-802
working language: Serbian
Review paper
341.223.3:[339.923:061.1EU]
doi:10.5937/zrpfns58-23126
Author:
Drago Divljak
University of Novi Sad
Faculty of Law in Novi Sad
d.divljak@pf.uns.ac.rs
ORCID ID: 0000-0001-7698-0189
Summary:
The subject of legal analysis in this paper is the conceptual definition and essential features of concessions in EU law. Special attention is directed towards the transfer of operational risk, which appears as a key feature of that determination. The discussion is based on the relevant EU regulations, and to a significant extent on the practice of the EU Court of Justice, which is indispensable in this matter. At the same time, the analysis points to open questions and shortcomings regarding the normative situation in the given area.
The paper concludes that the Directive on concessions from 2013, for the first time, in a more complete way, attempts to conceptually define a concession and determine its essential features. In doing so, it takes the practice of the Court of Justice of the EU and its relevant conclusions as the basis of its regulation. In that autonomous concept of concessions, it actually elevates the transfer of operational risk to the rank of the most important feature of concessions in EU law. But despite the significant attention that has been devoted to this issue, its normative framework still contains open questions and shortcomings. This is especially expressed in terms of imprecision and inconsistency of legal solutions. In correcting these shortcomings, the main task will be the EU Court of Justice. However, certain possibilities of the national laws of the member states in this regard should not be lost sight of.
Keywords:
concept of concessions, important features, EU law, Concessions Directive, operational risk, EU Court of Justice.