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The new law /, of November (LCSP), recognizes in Additional Provision , that the existing references in current legislation to the public service management contract will be understood to have been made after the entry into force of the Law ( March , ) to the public services concession contract to the extent that what is regulated for said contract in this Law is accommodated. And Directives of the Parliament and of the Council //EU, relating to the award of concession contracts, establish that these concession contracts represent important instruments for the long-term structural development of infrastructure and strategic services, contributing promoting competition in the internal market and contributing to achieving efficiency and providing innovation. Its characteristic notes emerge from its definition (article LCSP): one or more contracting authorities entrust, for consideration, to one or more persons, natural or legal, the management of a service that in turn is characterized by the following double circumstance.
Its provision is its ownership or competence, -Its counterpart is constituted either by the right to exploit the services that are the subject of the contract or by said right accompanied by the right to receive a price. Furthermore, basically, the right to exploit the services will imply the transfer of operational Canada Mobile Number List risk, in the terms indicated in section four of the previous article, without forgetting that those that involve the exercise of the authority inherent to public powers would not be legally viable. Remember that “the assumption of the risk of exploitation by the concessionaire is essential to attribute the condition of concession of services to the legal relationship that we examine. The remaining conditions, the fact that the service is intended directly for use by individuals and that the organization of the service is entrusted to a greater or lesser extent to the concessionaire, are consequences of either the same concept of public service that has the object. of the concession, as well as the requirement to assume the risk derived from the exploitation of the service” (Report No. /, of July , , JCCA).
Particularly noteworthy is that this nature of concession of services was recognized in that lease contract for business premises whose purpose was restoration, although establishing and delimiting in detail and in detail the way of providing the service to the public (Resolution No. / of May , Central Administrative Court of Contractual Resources (TACRC). Resolution in which, by the way, the restoration service was legally specified, according to JCCA doctrine (Reports no. /, of July , no. /, of March , no. /, of July of , nº/, of April , , nº/, of July , , and nº/, of July , ) based on which the TACRC (Resolutions nº/, of July , nº/, of March , nº/, of January , nº/, of March , nº/, of March , nº/, of April , or No. /, of January ) specified that restaurant contracts (cafeteria contracts) have the nature of special administrative contracts, since “it is not a service that must necessarily be performed by the contracting entity (it does not form part of the functions of an Administration, for example, providing breakfast or meal service to its employees), although it is considered that it is a service linked to the business or traffic of said Administration, complementary or auxiliary to the achievement of its purposes.
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發表於 2024-3-12 13:22:24
