Post by account_disabled on Mar 9, 2024 6:02:25 GMT
What is an administrative concession? An administrative concession has been defined as the assignment or transfer granted by a public sector entity to another private sector entity with the objective of exploiting, for a certain period of time, a good or service of domain or ownership reserved for the public sector in exchange for a consideration. In other words, it is the administrative legal process through which the Public Administration transfers its rights of exclusive use of a public domain asset or the management of a public service during a specific period and in compliance with certain conditions. II. What is meant by administrative concession rescue? Rescue of an administrative concession will be understood as the unilateral declaration of the contracting body, adopted for reasons of public interest, which terminates the concession for direct management by the Administration. The rescue of the concession will also require accreditation that said direct management is more effective and efficient than concessional management. Seen in this way.
The rescue of an administrative concession is a form of extinction of a concession that implies the resolution of a previous contractual relationship by the unilateral decision of the Administration, assuming direct management of the service, which implies the exercise of a power by the Administration that must respond to the concurrence of a public interest that it seeks to preserve. III. What are the characteristic aspects of the rescue of an administrative concession? The administrative concession rescue presents the following characteristic aspects: In a form of early termination, as it ends the contractual or concessional relationship British Student Phone Number List reaching the deadline or date scheduled for its completion. It does not have a sanctioning nature, since it does not penalize any non-compliance by the contractor or concessionaire. Its ultimate foundation is the protection of the public interest that governs the administrative action that determined the granting of the concession or contract, so that only the public interest can legitimize the rescue.
The power to rescue is a functional and discretionary power, since it requires verifying and justifying the participation of a public interest whose satisfaction requires extinguishing the concession or contract. This early form of termination of the concessional relationship requires payment to the concessionaire or contractor of adequate and timely compensation, which will be determined in accordance with the regulations governing the legal business in question. In addition to the aforementioned aspects, the ruling of the Supreme Court in the Contentious-Administrative Chamber, has established that “The rescue is an exceptional measure: (i) it is a case of early termination and, as such , abnormal, of the concession contract that alters the duration of the contract initially planned; (ii) it is an exception to the general principle pacta sunt servanda and the general principle of article 1,256 of the Civil Code that "the validity and compliance of contracts cannot be left to the discretion of one of the contracting parties"; and (iii) it is, in practice, a measure that is taken by the Administration only exceptionally, and always for well-founded reasons.
The rescue of an administrative concession is a form of extinction of a concession that implies the resolution of a previous contractual relationship by the unilateral decision of the Administration, assuming direct management of the service, which implies the exercise of a power by the Administration that must respond to the concurrence of a public interest that it seeks to preserve. III. What are the characteristic aspects of the rescue of an administrative concession? The administrative concession rescue presents the following characteristic aspects: In a form of early termination, as it ends the contractual or concessional relationship British Student Phone Number List reaching the deadline or date scheduled for its completion. It does not have a sanctioning nature, since it does not penalize any non-compliance by the contractor or concessionaire. Its ultimate foundation is the protection of the public interest that governs the administrative action that determined the granting of the concession or contract, so that only the public interest can legitimize the rescue.
The power to rescue is a functional and discretionary power, since it requires verifying and justifying the participation of a public interest whose satisfaction requires extinguishing the concession or contract. This early form of termination of the concessional relationship requires payment to the concessionaire or contractor of adequate and timely compensation, which will be determined in accordance with the regulations governing the legal business in question. In addition to the aforementioned aspects, the ruling of the Supreme Court in the Contentious-Administrative Chamber, has established that “The rescue is an exceptional measure: (i) it is a case of early termination and, as such , abnormal, of the concession contract that alters the duration of the contract initially planned; (ii) it is an exception to the general principle pacta sunt servanda and the general principle of article 1,256 of the Civil Code that "the validity and compliance of contracts cannot be left to the discretion of one of the contracting parties"; and (iii) it is, in practice, a measure that is taken by the Administration only exceptionally, and always for well-founded reasons.