The merits of a concessional administration culture. Critical review of the draft regulatory law for public works concessions

The concession of public works is a legal means of providing and administering certain assets and resources deemed as infrastructures. The method consists of establishing control by means of contract. All legislation regarding concessions will be totally ineffective if there is an inadequate culture of concessional administration as established by law and if there are unsuitable regulatory mechanisms, as the administration of concessional contracts requires specific attributes and organizational techniques which are not available in Spain at the present. The legal system of public works concessions would be more fittingly placed within Public Contract Law. The said legal system should endeavour to safeguard the principle of effective risk allocation to the concessionaire and ensure that these, in turn, receive due and fair retribution for the same. This is particularly important in terms of public guarantees for works, regardless of who is paying for the same.