Publication
Title
Public-private cooperation and judicial review : a case study drawn from European infrastructure projects
Author
Abstract
National administrative law traditions are changing under the influence of socio-economic factors and the Europeanization of legal norms. To illustrate this evolution this article discusses the roles of judges in three European major transport infrastructure projects in England, France and Belgium where long-term public-private cooperation was developed and strong public opposition voiced. Public-private cooperation to develop infrastructure projects is not new. EU financial requirements and EU procurement directives, though, constrain more than ever how these public-private cooperations can be contractually designed, while EU sectoral legislation may offer new opportunities for public-private cooperation. In parallel, citizens are entitled to be involved in large projects affecting the environment and no longer mainly seek protection for their individual property rights. These changes illustrate the changing role of private parties (economic actors and citizens) in major infrastructure projects. They also result in public bodies endorsing an increasingly supervisory and monitoring role while not having the suitable skills, resources or information in-house to do so. These adaptations under the pressure of socio-economic and political concerns call for administrative law to revisit the role that judges play in adjudicating issues arising from these complex public-private contracts, where public bodies and private parties are locked together for a long term and where changing the relationship is extremely expensive for the public purse.
Language
English
Source (journal)
European public law. - Dordrecht
Publication
Alphen aan den rijn : Kluwer law int , 2018
ISSN
1354-3725
Volume/pages
24 :3 (2018) , p. 515-538
ISI
000448165700009
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
VABB-SHW
Web of Science
Record
Identification
Creation 10.12.2018
Last edited 25.11.2021
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