Limited authorisations between EU and domestic law: Comparative remarks from Dutch law

Johan Wolswinkel, Frank van Ommeren, Willemien den Ouden

Research output: Contribution to journalArticleScientificpeer-review

Abstract

Where the number of authorizations available for grant is limited in advance to a maximum number, public authorities have to make a choice between qualified applicants through a selection procedure. EU law has played a major role in developing legal rules on the issuing of these limited authorizations, through, amongst other methods, the development of the obligation of transparency. However, the allocation regime under EU law, in particular as it arises from the internal market freedoms, has some inherent restrictions, only applying to economic activities and sometimes requiring cross-border interest in addition. Thus, in order to develop a general legal regime that applies to any process for the issuing of limited authorizations, the development of an allocation regime rooted in domestic law is necessary. This article discusses recent developments in Dutch case law, where a domestic allocation regime has been derived from the (national) principle of equal treatment. It endorses the adoption of this principle as the central basis for an allocation regime, rooted either in domestic or in EU law, since this principle does not only include the key issues inherent to an allocation context, but allows for the development of allocation rules at the level of both individual decision-making and general rule-making.
Original languageEnglish
Pages (from-to)559-586
Number of pages28
JournalEuropean Public Law
Volume25
Issue number4
Publication statusPublished - 2019

Fingerprint

authorization
EU
Law
European Law
regime
equal treatment
selection procedure
public authorities
case law
applicant
transparency
grant
obligation
decision making
market
economics

Keywords

  • Limited authorisations
  • Legal comparison
  • Equal treatment
  • Transparency
  • EU internal marktet law

Cite this

Wolswinkel, Johan ; van Ommeren, Frank ; den Ouden, Willemien. / Limited authorisations between EU and domestic law : Comparative remarks from Dutch law. In: European Public Law. 2019 ; Vol. 25, No. 4. pp. 559-586.
@article{4d66934c54a4480c87b70adfa6d64240,
title = "Limited authorisations between EU and domestic law: Comparative remarks from Dutch law",
abstract = "Where the number of authorizations available for grant is limited in advance to a maximum number, public authorities have to make a choice between qualified applicants through a selection procedure. EU law has played a major role in developing legal rules on the issuing of these limited authorizations, through, amongst other methods, the development of the obligation of transparency. However, the allocation regime under EU law, in particular as it arises from the internal market freedoms, has some inherent restrictions, only applying to economic activities and sometimes requiring cross-border interest in addition. Thus, in order to develop a general legal regime that applies to any process for the issuing of limited authorizations, the development of an allocation regime rooted in domestic law is necessary. This article discusses recent developments in Dutch case law, where a domestic allocation regime has been derived from the (national) principle of equal treatment. It endorses the adoption of this principle as the central basis for an allocation regime, rooted either in domestic or in EU law, since this principle does not only include the key issues inherent to an allocation context, but allows for the development of allocation rules at the level of both individual decision-making and general rule-making.",
keywords = "Limited authorisations, Legal comparison, Equal treatment, Transparency, EU internal marktet law",
author = "Johan Wolswinkel and {van Ommeren}, Frank and {den Ouden}, Willemien",
year = "2019",
language = "English",
volume = "25",
pages = "559--586",
journal = "European Public Law",
issn = "1354-3725",
publisher = "Kluwer Law International",
number = "4",

}

Limited authorisations between EU and domestic law : Comparative remarks from Dutch law. / Wolswinkel, Johan; van Ommeren, Frank; den Ouden, Willemien.

In: European Public Law, Vol. 25, No. 4, 2019, p. 559-586.

Research output: Contribution to journalArticleScientificpeer-review

TY - JOUR

T1 - Limited authorisations between EU and domestic law

T2 - Comparative remarks from Dutch law

AU - Wolswinkel, Johan

AU - van Ommeren, Frank

AU - den Ouden, Willemien

PY - 2019

Y1 - 2019

N2 - Where the number of authorizations available for grant is limited in advance to a maximum number, public authorities have to make a choice between qualified applicants through a selection procedure. EU law has played a major role in developing legal rules on the issuing of these limited authorizations, through, amongst other methods, the development of the obligation of transparency. However, the allocation regime under EU law, in particular as it arises from the internal market freedoms, has some inherent restrictions, only applying to economic activities and sometimes requiring cross-border interest in addition. Thus, in order to develop a general legal regime that applies to any process for the issuing of limited authorizations, the development of an allocation regime rooted in domestic law is necessary. This article discusses recent developments in Dutch case law, where a domestic allocation regime has been derived from the (national) principle of equal treatment. It endorses the adoption of this principle as the central basis for an allocation regime, rooted either in domestic or in EU law, since this principle does not only include the key issues inherent to an allocation context, but allows for the development of allocation rules at the level of both individual decision-making and general rule-making.

AB - Where the number of authorizations available for grant is limited in advance to a maximum number, public authorities have to make a choice between qualified applicants through a selection procedure. EU law has played a major role in developing legal rules on the issuing of these limited authorizations, through, amongst other methods, the development of the obligation of transparency. However, the allocation regime under EU law, in particular as it arises from the internal market freedoms, has some inherent restrictions, only applying to economic activities and sometimes requiring cross-border interest in addition. Thus, in order to develop a general legal regime that applies to any process for the issuing of limited authorizations, the development of an allocation regime rooted in domestic law is necessary. This article discusses recent developments in Dutch case law, where a domestic allocation regime has been derived from the (national) principle of equal treatment. It endorses the adoption of this principle as the central basis for an allocation regime, rooted either in domestic or in EU law, since this principle does not only include the key issues inherent to an allocation context, but allows for the development of allocation rules at the level of both individual decision-making and general rule-making.

KW - Limited authorisations

KW - Legal comparison

KW - Equal treatment

KW - Transparency

KW - EU internal marktet law

M3 - Article

VL - 25

SP - 559

EP - 586

JO - European Public Law

JF - European Public Law

SN - 1354-3725

IS - 4

ER -