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Procurement and Concession Law in Belgium

State of Play and Particularities

Steven Van Garsse


Keywords: Public Procurement, Concessions, Legislation, Implementation, Particularities

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts and public procurement Directives 2014/24 and 2014/25 were transposed into the Belgian legal system by the Public Procurement Act of 17 June 2016 and the Concession Act of 17 June 2016. The legislation entered into force on 30 June 2017. The main features of the public procurement and concessions regulations are in line with the European Directives. Belgian public procurement and concession rules are not a slavishly copy of the directives however. This contribution discusses some particularities and choices made by the Belgian legislator. A number of provisions are criticized, especially as doubts arise as to their compatibility with European Law.
Keywords: Public Procurement; Concessions; Legislation; Implementation; Particularities.

Steven Van Garsse, associate professor University of Hasselt and Antwerp, Head of the research Unit Administrative Law and Public Administration, Centre for Government and Law, Faculty of Law Hasselt & Executive professor Antwerp Management School. Attorney at law, Brussels Bar.


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