konstitutsioonilisedkoncesioonipõhised

Konstitutsioonilised koncesioonipõhised refer to a legal concept that combines constitutional principles with concessions. A concession is a grant by a government or other authority to a private individual or group of the right to carry out a particular business or service, such as a toll road or a public utility. When these concessions are made constitutional, it implies that the terms and conditions of the concession are protected by or embedded within the constitution itself. This can provide a higher level of security and stability for the concessionaire, making it more difficult for future governments to alter or revoke the agreement.

The constitutionalization of concessions can take various forms. It might involve specific clauses in the constitution that outline the framework for granting concessions, the rights and obligations of parties involved, and the dispute resolution mechanisms. Alternatively, a constitutional court might interpret existing constitutional provisions to encompass and protect concessionary rights. This approach often aims to attract long-term investment by ensuring a predictable legal and political environment. However, it can also raise concerns about limiting the sovereign power of the state to regulate or modify such agreements in the public interest, especially if the constitution is difficult to amend. The balance between investor protection and public interest is a key consideration in such arrangements.