Concessions are not a new public policy instrument. However, when faced with a lack of liquidity to proceed with the construction of large public infrastructures, the State found itself having to resort to the help of private companies and grant them the right to build and operate public works and public services through concession contracts. This relationship is marked by tension, as the Public Administration's mission is to pursue the public interest, while the private sector's aim is to enter into a lucrative business. However, following the constant evolution and development of the Rule of Law, the Public Administration is faced with new needs, which lead it to make new considerations or change its priorities, resulting in the need to modify the contract for reasons of public interest. This modification, however, cannot be done arbitrarily, so its regime is widely regulated by European and national law, in order to reconcile the pursuit of the public interest with respect for the legally protected rights and interests of citizens. That is why we analysed, based on European and national case law, the sources, grounds, limits and consequences of modifying an administrative contract, especially those motivated by reasons of public interest, specifically as applied to public works concessions; as well as the base case, risk sharing and the institute of financial rebalance of the contract.
Date of Award | 17 Jul 2024 |
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Original language | Portuguese |
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Awarding Institution | - Universidade Católica Portuguesa
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Supervisor | Raquel Carvalho (Supervisor) |
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- Objective modifications
- One-sided modification
- Concessions
- Public works
- Public interest
- Base case
- Risk
- Financial rebalance
As modificações objetivas do contrato de concessão de obras públicas: em especial, por razões de interesse público
Barros, C. C. (Student). 17 Jul 2024
Student thesis: Master's Thesis