Regulation of PPP and concessions in European Union law – different but equal?

Abstract

This chapter examines how the European Union decided to regulate concessions and PPPs within the realm of European Union law and considers the reasons behind the decision of EU legislator to harmonise only concessions, and not PPPs. The chapter shows that the road to Directive 2014/23/EU on the award of concession contracts was long and winding. It is held that although the Directive sought to provide greater certainty, the contours of European Union public procurement law following the adoption of the Directive will probably remain unclear. The chapter also shows that the lack of specific provisions of European Union law directly regulating issues related to PPP did not impede the actions of European institutions, which adopted a number of soft law instruments in this regard.