The administrative review of concession agreements

Fatmira Hajdari
Abstract:
Concession agreements represent the most utilized and preferred legal option in the exercise of public functions by private entities. Before entering into a concessionary agreement, there is a special procedure that takes place, and that is one of the distinctive characteristics of this type of contract vis-a-vis other civil contracts. This procedure is provided for under the Public procurement law. Consequently, all agreements stemming from the exercise of the concession agreement are regulated according to the modalities defined in this law. According to the Public Procurement law, administrative reviews represent the first obligatory instrument used in defense of the rights that parties claim to have been violated or otherwise infringed. The administrative review is the scope of this paper, with the view to clearly determining the administrative entity where the appeal will be addressed to, the subject matter of the appeal, and the legitimated subject, as its integral part. The role of the Public Procurement Commission and its competencies during the process of the administrative review represent another aspect. The practice of concessionary agreements in Albania is only in its early steps of development. Furthermore, the legislation that provides for the concession agreements has suffered changes to reflect the international legislation. All of which have led to the case law encountering various issues, which we have only humbly tried to reflect in this paper, while also providing our opinion with regard to addressing them.

Keywords:
Concession Agreement; Public Procurement; Public Delivery Standard; Albanian Legal Framework, International Legal Framework; Contractual Dispute Resolution; Public Functions; Public Administration

Full text available in PDF: Academicus-MMXIV-9-120-139.pdf

Digital Object Identifier (DOI): http://dx.medra.org/10.7336/academicus.2014.09.09

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