David Renders, Kevin Polet, The Enforcement of the Directive 2014/23/ EU in Belgium


1. The concessions under discussion. 

2. The method of transposition and the objectives pursued Belgian law. 

3. The application scope of Belgian law. 

3.1. The works concessions. 

3.2. The service concessions. 

4. The principles relating to the awarding procedure in Belgian law. 

4.1. The fixed price principle. 

4.2. The principle of the service done and accepted. 

5. Two light regimes. 

5.1. A light regime for the social services and other specific services. 

5.2 A light regime for works concessions, which do not exceed the amount laid down by Royal Decree. 

6. The Belgian possibility to conduct a prior consultation. 

7. A set of Belgian specifics in the field of procedural guarantees. 

8. The conclusion of the concession contract in Belgian law. 

9. The execution of the concession contracts in Belgian law. 

10. The concession contract awarding litigation in Belgian law.


The Authors noted first the delay of Belgium in the transposition of concessions directive 2014/23/EU by the Law of 17 June 2016. They analyse the discipline in the matter of works and services concessions and the principles relating to the purchase procedure. Then they describe the two light schemes for social services and other specific services for works concessions, which do not exceed the established amount. They also analyse the possibility to make preliminary consultations and the rules governing the conclusion of the contract. In conclusion, it is clarified that the concessions not included in the law of 17 June 2016, are governed by Belgian administrative law. This type of concessions are not bound by European law, except for the application of general principles set by the EU, together with the relevant rules, when the concession is of cross-border interest.