The focus group Scarce rights researches the allocation of scarce rights by the government to private parties. These rights can have a private law nature (contracts) or a public character (licenses, subsidies). Characteristic of these scarce rights is that only a limited number of rights are available, which means an allocation mechanism has to be applied to allocate these scarce rights amongst the several private parties. Examples of allocation mechanisms are drawing lots, tenders and auctions.
The allocation of scarce rights raises new legal questions about the way in which these rights are granted. To what extent should any potential interested party be able to compete for this right? Do the boundaries between private and public rights blur when both are scarce? This focus group pays particular attention to the interaction between specialized fields of law, such as subsidy law, frequency law and the mining law, and general rules regarding distribution, such as the obligation of transparency and the principle of equal treatment of tenderers.
In 2011 the focus group published the book Scarce public rights, edited by Frank van Ommeren, Willemien den Ouden and Johan Wolswinkel.
For more information, please contact Johan Wolswinkel.