The creation of the public companies under examination, by Isabel Fernández. Foreword –

“The creation of public firms below examination”, by Isabel Fernández Torres, is a suggestive guide. What makes you assume, each from the idea of state firms and from apply if you end up concerned within the administration of one among them. And, for that reason, it is not going to go away the reader detached.

The guide is on the borders between two areas of data, industrial regulation and administrative regulation. The primary benefit is right here, to get out of the consolation zone of the areas of data and to do an train that goes additional. Or, to be extra precise, that it’s in practiced regulation, to take the expression of Alejandro Nieto, through which the borders of authorized issues are far more ductile than the strict ones of the willpower of the areas of the ANECA and the CNEAI .

Deep down, these disquisitions on the “idea” are nothing however a supply of melancholy. When the outlines of the self-discipline are examined within the previous “first train”, and a definition must be completed, it’s recognized upfront that it’s imperfect. Rivero mentioned it in France a few years in the past in regards to the idea of administrative regulation: “When an issue, after a century of efforts and regardless of the work of one of the best specialists, has not been in a position to have a definitive resolution, one could also be entitled to rethink its assertion and marvel if the verify as an alternative of being discovered within the researchers there’s not an error within the assertion itself and that transforms the issue into insoluble “. Because of this, the breakdown of those borders is a motive for congratulations.

Moreover, it will be ridiculous right here to talk of 1 or the opposite proper. The issue is presumably within the artificiality of the variations. Public firms are one of the best instance of how sectors as totally different as industrial or administrative regulation go hand in hand. Right here there’s solely regulation and all of us have to use very totally different guidelines of origin.

Public firms have at all times been used for example of the so-called “flight from administrative regulation”. It’s the consequence of the abusive use of those firms through the group of the Barcelona Olympic Video games, with a purpose to acquire pace within the administration of getting the amenities constructed, at the price of having a restricted utility of administrative laws.

Right this moment, if they’re analyzed rigorously, it may be affirmed that they represent an amorphous and poorly regulated group. Each features that seem throughout Prof. Fernández’s presentation. Or as a result of they’re extra appropriate considering the conclusions of their work: it isn’t that there isn’t any escape from administrative regulation, however that there’s an administrativeization of economic regulation, additionally promoted by the upper our bodies that make up the industrial regulation of the ministries. public firms and search an answer within the basic canons (and due to this fact decontextualized) of administrative regulation.

However, as well as, as Professor Fernández reveals, it may be identified that it’s an amorphous set, because of the typology of entities that we discover. Some completely administrativized, which act as an alternative of the executive our bodies for the development of infrastructures and the place the be aware is that their authorized regime is just like that of the Administration on which they rely. There we discover the state public works societies or the city planning societies of the City Halls.

From these powders of heterogeneous units, from the parable of the flight from administrative regulation, from the wrong notion of the regulation relevant to those societies, come powders such because the inexplicable Sentence No. 13 of the year 2019, of July 17, issued by the Chamber of Justice of the Court of Auditors by which the sentence of the previous Mayor of Madrid is revoked, Ana Botella and different members of the Governing Board of the Madrid Metropolis Council can keep that the authorized regime of those firms is so outdoors of administrative regulation that they don’t even have to use the essential ideas of any tender. And this even supposing the Supreme Courtroom had declared that the belongings of public industrial firms are public belongings.

However subsequent to him, we discover public firms, state-owned for probably the most half, that act as an financial operator out there and which have the duty to acquire advantages like several industrial firm.

And right here their regime is so peculiar that it may be affirmed, with out worry of being unsuitable, that they’ve a regime that forestalls them from competing out there on equal phrases. They play in worse circumstances than non-public firms. And, in some sectors such because the postal and parcel, with the annoying circumstance that the businesses towards which Correos competes are both Amazon or are subsidiaries of public firms from different international locations Deutsche Publish (DHL), La Poste (SEUR) , Royal Mail (GLS), Publish Workplace of Portugal (CTT, previously Turline). We will bear in mind Marx’s phrase in regards to the “most motley conjunction of clamorous contradictions.”

I might carry up right here features of the issue that have an effect on transparency, the regime of company acts within the strict sense, that of hiring and even that of personnel. It’s not a query of abusing extension on this prologue and addressing the entire downside.

However I do imagine that, from Professor Fernández’s guide, on the difficulties for the functioning of those entities, which she explains of their growth, an excellent conclusion ought to be drawn: it’s evident that what’s at stake is that if we imagine the general public firm.

If we imagine it, we should permit it to compete actively out there. Its advantages are advantages for all as a result of its majority shareholder is the State. If we don’t imagine it, if we configure its authorized regime as an impediment course we’re doing a disservice to firms, their staff, but in addition to the consideration of the Spanish economic system on the earth. And right here it’s essential to take an excellent leap ahead.

To do that, we should begin by forgetting the neoliberal mannequin of the dangerous privatizations that passed off within the 90s of the final century and which have made Spain lack a related public firm in strategic sectors similar to power or telecommunications. Neither France nor Germany nor Italy have made this withdrawal from collaborating in these financial sectors. And, after all, the covid19 pandemic has proven how public assist is supplied with none complicated as a result of it’s the very competitiveness of the economic system that’s at stake. The notion of the phenomenon in our nation is meaningless. It’s presumably nothing greater than a minor consequence of being one of many international locations in Europe with the least public spending weighted based on GDP and the place now we have a better complicated earlier than addressing the position of the general public firm, even supposing it’s constitutionally acknowledged in Article 131.

We hope that future instances might be moments of strengthening of the general public firm with modern initiatives in key sectors of our economic system and that they serve to make a rustic. However with a regime that enables us to develop in a globalized market through which there are nice enterprise alternatives, which the nation is shedding and which it’s leaving within the arms of public firms in different international locations.

Because of this, Isabel Fernández’s guide is essential. It exposes an actual downside, little analyzed and that impacts us all. He does so with the finesse within the evaluation that has characterised his works. It does so after an exhaustive research that features an evaluation of how the general public firm is handled overseas. And it does so from a component that appears easy however is tremendously complicated, the creation of societies. The sensible issues that exist present that there’s something that’s not ample in how we perceive state societies. And they’re those that she highlights on this monograph.

After all of the above, and the generosity of the writer for leaving me these pages, I can solely invite you to learn a monograph of nice curiosity.

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