The survival of the indirect management of local public services after the new Law on Public Procurement: the semi-private companies

Abstract

This article analyzes the impact of Law 9/2017, of 8 November, on Public Procurement, on the indirect management of local public services. This law eliminates the contract of management of public services and establishes the use of the contract of concession of public services which depends on the transfer of the operational risk to the contractor. This concept of operational risk now is paramount for the definition of this kind of contract, instead of the exercise of the activity itself. Against this backdrop, the article studies whether still survive ways of indirectly managing public services, particularly semi-private companies, and how this change affects local legislation.

Keywords:

local public service, indirect management, concession, operational risk, semi-private companies