Uitvoeringsverplichtingen in het bestuursrecht: Een juridisch-empirisch onderzoek naar vergunning- en concessiestelsels in gereguleerde markten

The performance obligation is a government-imposed obligation that requires license and concession holders to carry out the activities to which the granted right pertains. This obligation applies once the license or concession has been granted or accepted by the holder. The specific manner in which the activity must be performed, and how compliance with the obligation can be achieved, is further detailed in the terms and conditions of the license or concession. Performance obligations constitute an important instrument for the government to safeguard certain public interests within a market context. In many economic sectors, the government has withdrawn in favor of market mechanisms, based on the idea that private parties operate more efficiently and innovatively than the government itself. At the same time, it remains responsible for the protection of public interests. By imposing performance obligations, the government intervenes directly in the manner in which activities must be carried out, translating policy objectives into concrete obligations for license and concession holders. This raises legal and policy-related questions concerning the lawfulness, effectiveness, and proportionality of such obligations. This interdisciplinary study combines classical legal research with empirical analysis—including interviews and an auction experiment—to examine how performance obligations are formulated, imposed, and enforced. The focus is on three regulated sectors: electricity supply, mobile telecommunications, and public rail transport. The author demonstrates that performance obligations play an essential role in safeguarding public interests such as reliability, accessibility, and affordability, but also entail legal and economic risks, including legal uncertainty and market distortion. The study provides in-depth insights into the legal foundations, policy considerations, and practical implications of performance obligations. It is relevant for lawyers, policymakers, and regulators concerned with market regulation, concessions, and licenses, and with the protection of public interests by private parties.