Los contratos administrativos de concesión de servicios y de servicios a los ciudadanos

Authors

  • José Carlos Laguna de Paz Universidad de Valladolid

DOI:

https://doi.org/10.18042/cepc/rap.204.02

Keywords:

Concession, operational risk, services contract, public procurement, public service.

Abstract

The Public Sector Procurement Act abolishes the public services management contract, which is replaced by the service concession and by the services contract which directly provides services to citizens. The services concession may address activities subject to exclusive rights, as well as market activities, provided that the concession transfers to the contractor the operational risk. However, the operational risk is not an appropriate criterion to distinguish the service concession from the services contract. For this reason, the category of service contracts which directly provides services to the citizens does not seem appropriate. The Act does not introduce any appreciable changes in the substantive regulation of these contracts.