La regulación de la colaboración público-privada para la provisión de servicios y de infraestructuras: Examen del modelo reformulado por la Ley N° 20.410

Public-private partnership through a public work concession contract has been the preferred way to renovate and expand communications networks -high roads, airports, highways, etc.- although it has been also applied in other areas, broadening its boundaries to public hospitals and jails concessions....

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Bibliographic Details
Main Author: Camacho Cépeda, Gladys
Format: Article
Language:Spanish
Published: Universidad del desarrollo 2014
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Online Access:http://dialnet.unirioja.es/servlet/oaiart?codigo=4790105
Source:Revista Derecho Público Iberoamericano, ISSN 0719-2959, Nº. 4, 2014, pags. 141-164
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Summary: Public-private partnership through a public work concession contract has been the preferred way to renovate and expand communications networks -high roads, airports, highways, etc.- although it has been also applied in other areas, broadening its boundaries to public hospitals and jails concessions. This technique that has been useful since the 1990s to carry out a nationwide road construction plan is linked to a national economic development strategy that enhances international trade - without pressuring on the Treasury and controlling public debt. However, all these virtues have been overshadowed by criticism related to corruption and certain practices associated with renegotiation of such concession contracts that undermine economic efficiency. This article is aimed to look at the main changes to the Public works concession Act introduced by Law Nº 20410 that seek to solve the aforementioned problems and to meet higher service standards and technical requirements during the concession period - that is, to improve the contractual performances and the maintenance and management of projects.