9781780687230 (ebook) 9781780683478 (hardback)
Ius commune europaeum ; 148.
Managing scarcity to serve the public interest is a classic government task. An important way to execute this task is by allocating individual rights that are only available in limited quantities, such as CO2 emission allowances, gambling licences, subsidies, radio frequencies, public contracts and parking permits. Whereas economic and political theory has paid much attention to the allocation of scarce goods and rights, until now a consistent and general legal theory of 'the allocating government' has been missing. This is striking given the fact that limited rights have to be allocated within many sectors and are often of great social significance and financial importance. Decisions on allocation often lead to disputes. This book provides a unique exploration of building blocks for a consistent and general legal theory on the allocation of limited rights by administrative authorities. This book is useful to legislators, administrative authorities, applicants, interested third parties and the courts. The EU-law perspective is an important element in this book, but comparative law and doctrinal approaches are also taken into account. The contributions in this book have been enriched by information from national reports on the allocation of gambling licences, radio frequencies and CO2 emission permits in seven EU Member States: France, Germany, Greece, Italy, the Netherlands, Romania and Spain. (See P. Adriaanse, F. van Ommeren, W. den Ouden and J. Wolswinkel (eds.), Scarcity and the State II. Member State Reports on Gambling Licences, Radio Frequencies and CO2 Emission Permits, Intersentia, Antwerp 2016).The Member State Reports on the Allocation of Gambling Licences, Radio Frequencies and CO2 Emission Permits can be downloaded here.
Title from publisher's bibliographic system (viewed on 02 Oct 2018).
Formatted Contents Note
The allocation of limited rights by the administration : a quest for a general legal theory / Paul Adriaanse, Frank van Ommeren, Willemien den Ouden and Johan Wolswinkel The allocation of limited public rights : an analytical and constitutional approach / Luis Arroyo Jiménez and Dolores Utrilla Fernández-Bermejo The allocation of limited public rights from the perspective of the EU legislator / Anoeska Buijze Challenges for the national legislator : the allocation of limited rights by the administration / Frank van Ommeren The allocation of limited rights by the administration : challenges of legal protection / Ferdinand Wollenschläger Requirements under EU law on the allocation of scarce European subsidies / Jacobine van den Brink The allocation of limited authorisations under EU internal market rules / Vassilis Hatzopoulos The need for optimal choice : exploring a hierarchy between allocation procedures for limited authorisations under EU law / Johan Wolswinkel The influence of EU state aid law on the allocation of limited rights by national authorities / Paul Adriaanse Allocation of limited rights from a European public procurement law perspective / Chris Jansen The allocation of limited licences by the administration : requirements under the European right to property / Willemien den Ouden and Michiel Tjepkema 'Let it be'? : the regulation and allocation of gambling licences at the EU and member state level / Stefaan van den Bogaert and Armin Cuyvers The allocation of radio frequencies : overview of spectrum policy and regulation in Europe / Gerry Oberst The allocation of emission rights / Anita Rønne.