El rescate de concesión de obra públicaApuntes al rescate del túnel de Sóller.

Abstract

The Administration power of bailout has evolved from a traditional conception where public interest, represented exclusively by the Administration, was enough as a legitimating cause to put an anticipated end to an administrative concession, to an updated conception imposing an in tegrating perception of public interest where the interests of the different stakeholders are suitably valued because they all contribute to the public interest implicit in the concession, so that the bailout power can only be used when it yields a balance beneficial to the whole. The exercise of this bailout power requires to demonstrate an unforeseen public interest justifying a change of management o f the activity provided so far by the concessionaire and that will stay onw ards in the hands of the Administration. The justification of the convenience of the change in management should be analyzed from the principles of sustainability and efficiency, being very clear, through an administrative transparency exerc ise, that the bailout is the optimal option.