Local public services on the fortieth anniversary of the promulgation of the law regulating the basis of the local regime

Abstract

This article analyzes public services within the framework of the welfare state (art. 1.1 Spanish Constitution) and local governments as agents of welfare. It examines public service activity, municipal competencies, and the classification of service management methods, developing them starting with those characterized by exclusive intervention by public entities (direct management), whether by a single entity, with collaboration between several, or giving rise to local instrumental personifications (PIL), under the configurations of autonomous bodies, public business entities, commercial company, associations of municipalities, or consortium. The second classification criterion incorporates the participation of a private party (indirect management); this form includes differentiated forms based on the legal relationship between the local entity and the service manager: whether it is contractual in nature, under the modalities of service concession or service contract, depending on whether operational risk is transferred to the contractor in its management, in application of the Public Sector Contracts Law of 2017; or if a non-contractual legal relationship is established, developing the 2014 Community directives, regarding services to people, through the figures of delegated management, social agreement or other similar ones. Despite economic crises and limitations on the effectiveness of local autonomy, the resilience demonstrated by local governments and their ability to maintain welfare systems constitute the best evidence to commemorate the forty years of the promulgation of the 1985 Law regulating the basis of the local regime.