Abstract

FONSECA, Ricardo Prelhaz. Public contracts susceptible to competition: the application of public procurement rules to Planning and Land Development Agreements. e-Pública [online]. 2015, vol.2, n.3, pp.240-271. ISSN 2183-184X.

Over the past recent years, a trend of public administration to exercise its power (within the fields of planning and urban development) by means of contracts or other bilateral ways of cooperation with individuals, instead of using (the traditional) unilateral actions, has become noticeable The emergence of this tendency, coupled with the wide diversity of contracts with objects related to planning and land development, has urged the Commission and the ECJ to act in order to prevent such type of contracts from escaping the application of European public procurement rules - which has given rise to very debateable decisions, a discussion which, in fact, has not yet been definitively settled. This article seeks to contribute to such debate and aims at analysing the criteria that is able to identify planning and land development agreements susceptible to competition and, to that extent, that shall be subject to the Portuguese public procurement rules.

Keywords : “Public contracts”; “Public procurement”; Planning and land development agreements”; “Planning and urban law”; “Competition”.

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