Scarcity and the State

Managing scarcity to serve the public interest is a classic government task. An important way to execute this task is by allocating individual rights that are only available in limited quantities, such as CO2 emission allowances, gambling licences, subsidies, radio frequencies, public contracts and parking permits.
Editor(s):
Paul C. Adriaanse, Frank van Ommeren, Willemien den Ouden, Johan Wolswinkel
Series:
Ius Commune Europaeum
Volume:
148
book | published | 1st edition
March 2016 | xviii + 356 pp.

Paperback
€94.-


ISBN 9781780683478


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Details

Managing scarcity to serve the public interest is a classic government task. An important way to execute this task is by allocating individual rights that are only available in limited quantities, such as CO2 emission allowances, gambling licences, subsidies, radio frequencies, public contracts and parking permits.

Whereas economic and political theory has paid much attention to the allocation of scarce goods and rights, until now a consistent and general legal theory of ‘the allocating government’ has been missing. This is striking given the fact that limited rights have to be allocated within many sectors and are often of great social significance and financial importance.

Decisions on allocation often lead to disputes. This book provides a unique exploration of building blocks for a consistent and general legal theory on the allocation of limited rights by administrative authorities. This book is useful to legislators, administrative authorities, applicants, interested third parties and the courts.

The EU-law perspective is an important element in this book, but comparative law and doctrinal approaches are also taken into account. The contributions in this book have been enriched by information from national reports on the allocation of gambling licences, radio frequencies and CO2 emission permits in seven EU Member States: France, Germany, Greece, Italy, the Netherlands, Romania and Spain. (See P. Adriaanse, F. van Ommeren, W. den Ouden and J. Wolswinkel (eds.), Scarcity and the State II. Member State Reports on Gambling Licences, Radio Frequencies and CO2 Emission Permits, Intersentia, Antwerp 2016).


The Member State Reports on the Allocation of Gambling Licences, Radio Frequencies and CO2 Emission Permits can be downloaded here.

Chapters

Contents (p. 0)

PART I. GENERAL PERSPECTIVES

The Allocation of Limited Rights by the Administration: A Quest for a General Legal Theory (p. 3)

The Allocation of Limited Public Rights: An Analytical and Constitutional Approach (p. 27)

The Allocation of Limited Public Rights from the Perspective of the EU Legislator (p. 55)

Challenges for the National Legislation: The Allocation of Limited Rights by the Administration (p. 73)

The Allocation of Limited Rights by the Administration: Challenges of Legal Protection (p. 93)

PART II. EU LAW PERSPECTIVES

Requirements under EU Law on the Allocation of Scarce European Subsidies (p. 125)

The Allocation of Limited Authorisations under EU Internal Market Rules (p. 163)

The Need for Optimal Choice: Exploring a Hierarchy between Allocation Procedures for Limited Authorisations under EU Law (p. 187)

The Influence of EU State Aid Law on the Allocation of Limited Rights by National Authorities (p. 219)

Allocation of Limited Rights from a European Public Procurement Law Perspective (p. 239)

The Allocation of Limited Lincenses by the Administration - Requirements under the European Fundamental Right to Property (p. 277)

PART III. COMPARATIVE LAW PERSPECTIVES

'Let It Be'? The Regulation and Allocation of Gambling Licences at the EU and Member State Level (p. 299)

The Allocation of Radio Frequencies; Overview of Spectrum Policy and Regulation in Europe (p. 323)

The Allocation of Emission Rights (p. 341)

List of Contributors (p. 353)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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