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Public Land Lease vs Works Concession:

In Search of a Silver Lining in the Case Law of the European Courts

Oana Vodă, Dacian C. Dragoș

DOI https://doi.org/10.21552/epppl/2021/4/4

Keywords: land lease, public works contract, concession, public service contract


The fine line between public land leasing and service/ works concessions is a topic that was not addressed and investigated by the legal doctrine in the context of the Directive 2014/23/EU on the award of concession contracts. The article aims at analysing the criteria stemming fromthe EU concessions legal framework and from the case law of the European Courts (the Court of Justice of the European Union (CJEU) and the European Free Trade Association (EFTA) Court) under which land leases for the exploitation of public domain would be considered works or service concessions and subjected to the rules of Directive 23/2014/EU.
Keywords: land lease, public works contract, concession, public service contract

Oana Vodă and Dacian C. Dragoș, Center for Good Governance Studies, Babeș-Bolyai University, Romania. For correspondence: <mailto:oanavoda10@gmail.com> and <mailto:dragos@fspac.ro>.

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