The farfetched and erratic story of the qualification or not as basic state law of the rescue as a cause of resolution of public services management contracts
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In the context of the debate of the remunicipalization or internalization of public services, understood as the direct management of public services by municipalities, this article studies the rescue which is one of the causes that justify the termination of public services management contracts. In particular, the article focuses on the qualification of the rescue as a “basic state law”. The study analyzes the regulation of the basic state law on public contracts that have been approved since 1995, showing an erratic path sometimes affirming the basic character and others the non-basic character of the rescue. The article also studies the regulations prior the parliamentary debate regarding the Law on Public Contracts which started at the end of 2016 and, in the opinion of the authors, should qualify the rescue as a basic state law.