Albert Sanchez-Graells, Some Thoughts on the Transposition of the Concessions Directive


1. Conceptual / Scoping Issues. 

2. Gold plating and distinct legal regime. 

3. General principles and general administrative law. 

4. A few other issues.


The author analyses the problems and challenges deriving from the initial states of implementation of the Concession Directive 2014/23/EU in EU Member States, which could lead to controversies and jurisprudence in the future. In particular, a first limitation of the Directive is the lack of clarity on the concept of concession; another critical aspect is that Member States, in implementing the Directive, have not gone beyond what has been strictly required by the same directive. The Author notes the difficulties in establishing the differences in the legal order concerning the below thresholds concessions and for other concessions with a cross-border interest. Lastly, doubts are expressed as to the feasibility and the conditions for carrying out preliminary market consultations for concession contracts.