Tendencias de Remunicipalización de la Gestión Publica de Agua

Abstract

This article analyses the new trends of remunicipalisation of direct public administration of public water supply services. It brings into discussion the concept of remunicipalisation, in which the elements of “inefficiency” and malfunction of the private operators in the execution of public service are highlighted. It also refers to the concept of reinternalization, establishing a comparison between the two phenomena, from the point of view of administrative law. Regarding another aspect, when addressing the essential points of the process of remunicipalisation of the public water supply service, it focus, among these, the “external risks” tolerated by the users and by the public administration in the change to the new applied system. In this context, it approaches the economic theory of “public choice” as a contribution to administrative law, with emphasis on contract management of concessions in indirect collaboration with private companies (contracted). Finally, a concrete case is again examined, concerning the remunicipalisation of the water supply service in the community of Paris, considered as one of the most significant challenges to foster the debate in other legal systems.