Wezenlijke wijziging in het aanbestedingsrecht

Plas, H. (2023)

Doctoral Thesis

This PhD thesis researches the doctrine of material amendments to public contracts. This doctrine regulates the extent to which modifications are allowed during the procurement and execution stages of a public contract. The main question is to what extent this doctrine limits the freedom to modify a contract that is awarded according to a EU public procurement procedure. This question is answered primarily from a public procurement law perspective, whilst recognizing the importance of the interaction with the Dutch law of obligations. Chapter 1 introduces the subject matter and explains the importance of this research. Chapter 2 analyses the justification of the prohibition to materially amend a public contract. Chapter 3 assesses the possibilities to introduce flexibility in advance. Chapter 4 discusses the issue of proposing amendments during the procurement stage. Chapter 5 examines how the prohibition to materially amend a public contract relates to the interpretation of that contract. Chapter 6 analyses Article 72 Directive 2014/24/EU and its influence on statutory possibilities to amend a contract, especially in case of unforeseen circumstances. Chapter 7 deals with transparency regarding amendments. Chapter 8 analyses the consequences of a material amendment during the execution stage. Chapter 9 contains concluding remarks.

• Material amendments
• Public procurement law
• Unforeseen circumstances
• Transparency obligations

• All authors: Plas, H.
• Supervisor: Hebly, J.M.; Krans, H.B.
• Committee: Castermans, A.G.; Graaf, T.J. de; Gulijk, S. van; Jansen, C.E.C.; Kuypers, P.H.L.M.
• Qualification: Doctor (dr.)
• Awarding Institution: Institute of Private Law, Faculty of Law, Leiden University
• Date: 2023-09-14
• Title of host publication: Bouwrecht monografieën
• ISBN (print): 9789463150873
• Name: 43