THE SERVICE CONCESSION CONTRACT: AN EVOLVING PUBLIC SERVICE INSTRUMENT

ABSTRACT

This article examines the service concession within the context of the provisions of Spain’s Law 9/2017, of 8 November, on public sector procurement, with special emphasis on the concept of operational risk as a characteristic component thereof. The operational risk is differentiated from the concept of the contractor’s own risk (riesgo y ventura), and it is analysed from the perspective of its impact upon contractor remuneration and the economic equilibrium of the contract. It also makes reference to the changes occurring in the field over the course of 2020, as a consequence of the COVID-19 pandemic and the measures implemented by the European Union via the European Recovery Fund (NextGenerationEU). © 2022, Escola d'Administracio Publica de Catalunya. All rights reserved.