This PhD research project has been successfully completed. It aims to answer the following question: what is the extent of the right of self-realization in the Netherlands, and how has it developed so far? The research is structured as follows. Firstly, it is investigated how the right of self-realization relates to the right of ownership. Subsequently, the development of spatial policy of the government during the last century is described and analysed. This involves an analysis of various regulatory instruments used by local governments to achieve spatial policy goals, particularly the instruments to be found in the Expropriation Act (Onteigeningswet), the Municipalities Preferential Rights Act (Wet voorkeursrecht gemeenten), and the Land Development chapter (afdeling Grondexploitatie) of the Spatial Planning Act (Wet ruimtelijke ordening). It is investigated as part of the analysis to what extent these instruments have an impact on the right of ownership and the right of self-realization. This has provided an insight in the role of both the government and private actors in realizing spatial policy goals. The research has particularly dealt with the possibility of cost recovery and the imposition of location requirements by local governments. Public contracts – more particularly: exploitation agreements – are important instruments in this respect.

Researchers:  Dr. L.C. Groen
Topic:  Contracting with the government; Distribution of responsibilities on the market
Approach: Public and private law 



Results
• L.C. Groen, Het zelfrealisatierecht. Ruimtelijke instrumentarium in verhouding tot het eigendomsrecht, diss. VU 2014, Den Haag: Stichting Instituut voor Bouwrecht (summary in English available).




News and agenda

➢ International expert meeting 'Optimising public interests by competitive tendering'
On Thursday 25 January (afternoon) and Friday 26 January 2018 (morning) a well-attended international expert meeting took place at VU University Amsterdam about 'Optimising Public Interests by Competitive Tendering'.

➢ CPC-delegation attended workshop network ‘Public Contracts in Legal Globalization’
A delegation of CPC – Chris Jansen, Pim Huisman, Frank van Ommeren and Sophie Prent – attended the annual workshop of the international network Public Contracts in Legal Globalization (PCLG) in Paris on 15 december 2017.

➢ CPC hosts international expert meeting at VU University Amsterdam about Competitive Tendering
On Thursday 25 Januari 2018 (afternoon) and Friday 26 January (morning) 2018 an international expert meeting will take place at VU University Amsterdam about 'Optimising Public Interests by Competitive Tendering'.


➢ CPC hosting Research Network Public Contracts in Legal Globalization

The Spring workshop of the Research Network Public Contracts in Legal Globalization (PCLG) will be hosted by CPC on 22 and 23 June 2017 at Vrije Universiteit in Amsterdam. This workshop marks the launch of a new project of the Network: the impact of competitive tendering and its regulation on the formation and execution of public contracts and concessions.

➢ Masterclasses Public Procurement Law
As in previous years, VU Law Academy will organise in 2017 four masterclasses public procurement law (Masterclasses aanbestedingsrecht, only in Dutch) in close co-operation with CPC. These masterclasses will focus on topics that are currently under debate in public procurement practice. On May 17, the masterclass will be dedicated to ...

➢ IBR-chair Standardization and Conformity Assessment to CPC
The Dutch Institute for Construction Law (Instituut voor Bouwrecht, only in Dutch) provides the Law Faculty of Vrije Universiteit Amsterdam with € 25.000,- per annum for a period of five years, for the purpose of establishing a chair dedicated to Standardization and Conformity Assessment. This area is of great importance from the perspective of both administrative law in general and planning and construction law in particular...

➢ CPC contributes to government expert meeting on investigatory powers of municipal courts of audit
On December 5, 2016, CPC researchers Frank van Ommeren and Chris Jansen participated in an expert meeting organised by the Ministry of the Interior and Kingdom Relations. The meeting discussed whether municipal courts of audit have sufficient investigatory powers and whether legislation is needed as a means to deal with possible problems in this respect.

➢ Rianne Jacobs appointed professor of Legislation and Regulation
Vrije Universiteit Amsterdam has appointed Rianne Jacobs as honorary professor of Legislation and Regulation as of September 1, 2016. The Ministry of Security and Justice has helped establishing this endowed chair. Based on her experience as a legislation lawyer, Jacobs will investigate as CPC researcher issues regarding the transposition of public policy goals into legislation. Examples of such issues are: the implications of technological developments (digitalization) as well as Europeanization and globalization for legislation.

➢ University Research Chair granted to CPC researcher Jacobien Rutgers
Vrije Universiteit Amsterdam has appointed CPC researcher Jacobien Rutgers as full professor in the University Research Chair (URC) program as of January 1, 2017. VU University Research Chair (URC) is a selective and privileged appointment as full professor. The chair has been created to recognize ...

➢ International book project ‘Scarcity and the State’
CPC researcher Frank van Ommeren co-edited two books on the allocation of scarce public rights, in close co-operation with Paul Adriaanse (Leiden University), Willemien den Ouden (Leiden University) and Johan Wolswinkel ...

 

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