Directive 2014/23/EU on the award of concession contracts expressly excludes form its scope concession contracts for public passenger transport services within the meaning of regulation (EC) No 1370/2007. Therefore, the first purpose of this essay is to clarify, on the one hand (§ 2), what is the field covered by directive 2014/23/EU and thus the field of the exemption from its application when the object of concession contracts are public passenger transport services ruled by Regulation (EC) No 1370/2007; on the other hand (§ 3), what are legal regimes applicable to models of organization of public passenger transport services not taking the form of services concession contracts (i.e. works concession contracts, public service contracts, payment of compensations to market operators). The second purpose is to compare award regimes of services concession contracts in directive 2014/23/EU and in regulation (EC) No 1370/2007, analysing the major differences (durations, award of contracts to “in house” operators; “horizontal” cooperation between contracting authorities; thresholds; award procedures; transitional periods) (§ 4) and expressing some final observations (§ 5).
L'affidamento delle concessioni di servizi pubblici nella direttiva 2014/23/UE ed il rapporto con il regolamento (CE) n. 1370/2007 sui servizi pubblici di trasporto di passeggeri su strada o ferrovia
Nicola Aicardi
2018
Abstract
Directive 2014/23/EU on the award of concession contracts expressly excludes form its scope concession contracts for public passenger transport services within the meaning of regulation (EC) No 1370/2007. Therefore, the first purpose of this essay is to clarify, on the one hand (§ 2), what is the field covered by directive 2014/23/EU and thus the field of the exemption from its application when the object of concession contracts are public passenger transport services ruled by Regulation (EC) No 1370/2007; on the other hand (§ 3), what are legal regimes applicable to models of organization of public passenger transport services not taking the form of services concession contracts (i.e. works concession contracts, public service contracts, payment of compensations to market operators). The second purpose is to compare award regimes of services concession contracts in directive 2014/23/EU and in regulation (EC) No 1370/2007, analysing the major differences (durations, award of contracts to “in house” operators; “horizontal” cooperation between contracting authorities; thresholds; award procedures; transitional periods) (§ 4) and expressing some final observations (§ 5).I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
