And thirdly: it is necessary to update the obsolete regulations on concessions, based on a model in which the figure of the concession is assimilated with that of a bondholder, and it is the State (again that\u2019s to say, all citizens) who assumes the business venture and the risk, and therefore the one who ends up suffering the consequences, perhaps for the apparent tendency of many courts to consider the patrimonial responsibility of the Government as a bottomless pit and the State as a kind of supportive universal insurer of however many damages are generated in the public periphery.<\/p>\n
There was a time in the past where there was the possible risk of a shortage of offers, and the concessions regulation had to facilitate a lot of things, as well as one of its core principles being the so-called \u201ceconomic balance of the concession\u201d.<\/p>\n
Today we live in a very different era, and even without the shortage of public tenders caused from the global economic crisis practically guaranteeing an influx of offers, infrastructure companies (not just Spanish ones) have been globalized, so it is very difficult, if the law is amended to modify or even eliminate the principle of the economic balance of concessions, for there to be a case in which a tender must be declared void for lack of offers. There will always be multinationals, including Chinese or Indian ones, to make competitive offers. And if not even this kind of company makes offers in a tender, it will be thought that the State or convening authority has made a mistake in the economic calculations.<\/p>\n
It will therefore also be necessary for the future to revise rules that are, ultimately, extraordinarily in favour of the concessions, backfiring to be harmful to general interests.<\/p>\n
<\/p>\n
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