Remunicipalization and privatization of public services and the right to good administration. Theoretical and jurisprudential analysis of the rescue of public concessions

Abstract

The interest for remunicipalization, an emerging international phenomenon, is reaching Spain. This article circumscribes the concept and shows the false indifference of the law before discretional decisions in general and decisions related to the management of public services in particular. To this end, the article analyses the requirements that the figure of rescue of concessions must comply for being legal and also to guarantee the right to good administration. The article denies the mere ideology as a valid motive for choosing between direct and indirect management of public services.

Keywords:

remunicipalization, rescue of public concessions, management, right to good administration, judicial review, public services