The Rights Accompanying the Administration and the Concessionaire in the Execution of Public Utility Concession Contracts in Light of Regulation No. (600) of 2024

The Rights Accompanying the Administration and the Concessionaire in the Execution of Public Utility Concession Contracts

Abstract

This research examines the rights arising from the conclusion of a public utilities concession contract, which is considered one of the most important administrative methods for organizing and operating economic public utilities by assigning their management to a private entity while ownership of the utility remains with the state. The study aims to clarify the nature of these rights and to classify them between the parties to the contractual relationship, namely the public administration and the concessionaire. It highlights that the concession contract gives rise to fundamental rights for the concessionaire, foremost among them the right to operate and exploit the utility, to obtain a financial return, and to use state-owned assets necessary for operation, in addition to the right to compensation in cases of modification or early termination by the administration.

The research also establishes essential rights for the administration, including the right of supervision and direction, the right to amend the terms of the contract, to impose penalties, and to recover the utility upon the expiry of the concession period. This reflects the distinctive nature of the contract as one concluded between a public authority and a private party. The importance of the research lies in demonstrating that public utilities concession contracts represent a model of a delicate balance between achieving the public interest and protecting the rights of the private contracting party, thereby ensuring the effective and sustainable operation of public utilities.

The central issue addressed concerns the extent of balance between the rights of the administration and those of the concessionaire under the provisions of the current contracts regulations. Among the most significant findings is the establishment of a contractual relationship that clearly defines the relationship between the administration and the concessionaire. One of the key recommendations is the continuous review of concession contracts and the strengthening of the role of the judiciary in protecting contracting parties.