Prof. Dr. Willemien den Ouden Limited public rights Introduction to the research project and a view on the Administration's perspective Prof. Dr. Willemien den Ouden

General introduction Department of Public Law of Leiden University VU University Amsterdam Centre for Law and Governance

Program Dutch research project Objectives international expert meeting Perspective of administrative authorities a. Obligation to create scope for competition b. Other case law requirements Final remarks

Dutch Case Public rights: authorizations and subsidies Limited public rights: a ceiling is set New phenomenon? More limited rights schemes More appeals Debate From day-to-day legal practice, to ‘general allocation issues’ General theory?

This expert meeting General introductions Specific limited public rights General issues (competition law, transparency, legal protection) Building blocks for a general (European) theory?

Administrative authorities Key role as a result of lack of legislation on allocation rules Obligation to create a possibility to compete Other case law requirements

Competition Obligation of creating scope for competition in the context of the allocation of limited authorizations; by providing information about available rights and allocation system to potentially interested parties Questions, questions…

Other case law requirements Coherent and transparent implementation Verifiable results: Reasoning Access to documents

Final remarks Administrative authorities: key role but also left in the dark Forceful interested parties Increasing case law requirements Lack of expert knowledge Time pressure A challenge!