EU Law Principles für Allocation Scarce Goods and the Emergence fo an Allocation Procedure

Allocating scarce goods constitutes an important task of the administration, as the examples of awarding public contracts, places at university, subsidies, posts in the civil service, concessions for public transport and gambling or licences for the use of telecommunication frequencies demonstrate. The legal framework is increasingly determined by EU law under which a trans-sectoral allocation regime has been emerging, requiring objective, transparent, non-discriminatory and proportionate allocation criteria, a transparent and objective allocation proced ure as well as adequate judicial protection. The article elaborates these material and procedural standards as well as their relevancefor modelling a new and distinct type of ad ministrative proced ure aiming at distributing scarce good s (‚Verteilungsveifahren'), a topic the science of ad ministrative law hasjust begun to explore in a pan-European debate. Such type formation does not only pursue a systematic interest, but also allows critically evaluating and developing sector-specific proced ures and thus pla ys an important role within the science of administrative law