Given the public utility of this type of concessions, they are usually subject to Government control, and even nationalized. However, the monopolistic nature inherent to many public concessions has decreased over the last two decades, with deregulation and privatization processes having begun on several continents. Since then, in some areas there is relative competition today, such as in long-distance telephone services, electricity supply, railway communications or gas supply.

In some countries public concessions belong to the Government or municipalities; This is the case of water purification and supply systems. The scope of public concessions remains the subject of debate. To decide whether the property should be public or private, both costs and efficiency must be considered in each specific case.

Private companies to which a public concession is granted differ from other companies in that they are obliged to serve any person who requires their services and require an enormous capital investment in relation to the income they obtain. In addition, they are often subject to close economic, and sometimes ecological, surveillance by the Government.

Control of public concessions depends on public service commissions, agencies created to protect the safety of people and property under their jurisdiction. Regulatory measures of public grants can be found in English common law

The reason for the regulation is that, since the concessionaire company usually achieves a monopoly to offer that service "Service (economy)") in a certain area, the prices and services offered to consumers will not be regulated by free competition, so the Government has to replace competition through regulations. In theory, the objective is to ensure an adequate and cheap service to consumers, allowing the concessionaire company to obtain benefits, part of which can be reinvested in the public service offered.

Regulatory systems are different depending on the country. In those where the concession remains under state control, prices and the level of service are established by the Government. In other countries, prices and services are closely monitored by supervisors, and prices are only allowed to increase in line with inflation.

Almost all services offered through public concessions influence the environment (effects called externalities). For this reason, many countries require that telephone, telegraph and electrical lines be underground. Attention has also been paid to the destructive effects of some public concessions. For example, water purification systems are closely linked to growing planetary pollution. Soot and other emissions from power plants appear to be responsible for the destruction of coniferous forests in some areas of northern Europe. The conflicts between the defenders and detractors of nuclear energy have led, on the other hand, to the construction programs of this type of plants being reduced, or abandoned, in many countries due to the dangers that the concession entails.

Contenido

Desde la perspectiva del Derecho administrativo español, la concesión presenta una mayor dificultad en su definición habida cuenta de su carácter heterogéneo y diverso en cuanto al objeto. Puede definirse como el medio para obtener la cooperación de sujetos particulares para:.

About the public domain

The provisions of article 84 of the Public Administration Heritage Law 33/2003 of November 3 must be considered: "No one may, without a title authorizing him or her, occupy public domain property or use it in excess of the use that corresponds to everyone."

Likewise, art. 86 Lpat 33/2003 which provides: «They must be covered by a concession:.

(as stated by State Council Dict. December 5, 2001)

They are those whose purpose consists of the use of an infrastructure by the user, which does not in itself imply the provision of any service. For example: Toll highway concession in which the road user does not pay for the service but for the use of the road.

In which the management of the public service is carried out at the risk and fortune of the concessionaire. It is regulated in art. 277.a) of the Consolidated Text of the Public Sector Contracts Law, approved by Royal Legislative Decree 3/2011, of November 14. For example: Related to the previous scenario, it would be the case of a bus holding a transportation concession that circulates on the toll highway. Here the concession is for the service provided.

Given the public utility of this type of concessions, they are usually subject to Government control, and even nationalized. However, the monopolistic nature inherent to many public concessions has decreased over the last two decades, with deregulation and privatization processes having begun on several continents. Since then, in some areas there is relative competition today, such as in long-distance telephone services, electricity supply, railway communications or gas supply.

In some countries public concessions belong to the Government or municipalities; This is the case of water purification and supply systems. The scope of public concessions remains the subject of debate. To decide whether the property should be public or private, both costs and efficiency must be considered in each specific case.

Private companies to which a public concession is granted differ from other companies in that they are obliged to serve any person who requires their services and require an enormous capital investment in relation to the income they obtain. In addition, they are often subject to close economic, and sometimes ecological, surveillance by the Government.

Control of public concessions depends on public service commissions, agencies created to protect the safety of people and property under their jurisdiction. Regulatory measures of public grants can be found in English common law

The reason for the regulation is that, since the concessionaire company usually achieves a monopoly to offer that service "Service (economy)") in a certain area, the prices and services offered to consumers will not be regulated by free competition, so the Government has to replace competition through regulations. In theory, the objective is to ensure an adequate and cheap service to consumers, allowing the concessionaire company to obtain benefits, part of which can be reinvested in the public service offered.

Regulatory systems are different depending on the country. In those where the concession remains under state control, prices and the level of service are established by the Government. In other countries, prices and services are closely monitored by supervisors, and prices are only allowed to increase in line with inflation.

Almost all services offered through public concessions influence the environment (effects called externalities). For this reason, many countries require that telephone, telegraph and electrical lines be underground. Attention has also been paid to the destructive effects of some public concessions. For example, water purification systems are closely linked to growing planetary pollution. Soot and other emissions from power plants appear to be responsible for the destruction of coniferous forests in some areas of northern Europe. The conflicts between the defenders and detractors of nuclear energy have led, on the other hand, to the construction programs of this type of plants being reduced, or abandoned, in many countries due to the dangers that the concession entails.