El concepto europeo de servicio de interés general y los servicios municipales

Abstract

This article points out the difficulties in trying to reconcile the traditional categories of public service and economic activity that are still alive in Spanish local law and the principles of free market competition and the concept of reserving a service in favour of Public Administrations that introduced the Spanish Constitution. Moreover, this article describes how the European concept of service of general interest has invaded our legal system, specially, because of the task of the Court of Justice of the European Union. This concept is a serious challenge for the Spanish traditional concept of public service and must be faced without delay. Thus, this article proposes a change in the Spanish legal system: it should incorporate the concept of service of general interest and allow its implementation by Spanish Public Administrations.

Keywords:

local public service, economic activity, public initiative, reservation of sectors or services in favor of Public Administrations, service of general interest: concept and requisites