Administrative Concession Research Articles

Public-private partnerships in hospital administration in the Brazilian Unified National Health System in Bahia State, Brazil

The process of building Brazil´s Unified Health System has always been a space of dispute between the political forces that defend greater private sector participation in patient care and administration of services and those who defend strengthening public administration. In the context of underfinancing of the Brazilian Unified National Health System (SUS), associated with the restrictions imposed by the so-called Fiscal Responsibility Law, new management models have been adopted in hospital administration, including public-private partnerships (PPPs). Considering the relevance of investigating decision-making processes pertaining to the adoption of these models by State Health Departments, this study aims to analyze the decision-making processes and incorporation of this hospital administration model in the State of Bahia, Brazil, the first administrative concession in Brazil´s health sector. This is a case study in which the theoretical reference was Social Game Theory elaborated by Carlos Matus, linked to the Public Policy Cycle analytical model. The data were produced with document research and semi-structured interviews with key informants who participated in the pre-decision and decision-making stages of the PPP model. The article presents the political game involved in the choice of this alternative among other hospital administration models, besides debating the models´ advantages and disadvantages according to the key actors and concludes that determinants (not only financial, but also political and ideological) marked the decision-making process for the PPP model in Bahia, in which the driving factor and source of consultancy was the International Finance Corporation, an arm of the World Bank.

Tender Management Relating to Imposition of Public Service Obligations on Scheduled Air Routes: An Approach Involving Digital Transformation of Procurement Procedures in Spain

The promotion of efficient and sustainable means of transport has been a key issue of public debate across the European Union (EU). Particularly, transport needs in peripheral and remote areas have a great importance for EU transport policies in order to ensure the mobility of goods and persons in these regions, and thus to achieve greater territorial cohesion in the member states concerned. Despite the remarkable efforts to improve the competitiveness of aviation in the EU single market, certain regional routes have traditionally suffered a lack of scheduled air routes. The internal market, once liberalized, has provided an instrument in order to ensure adequate transportation for the carriage of goods and persons in special cases. When this occurs, according to Regulation (CE) no. 1008/2008, national civil aviation authorities may impose a public service obligation (PSO) on specific air routes. In addition, this form of public intervention can lead to restriction on market access to one carrier, and even to the payment of compensation to the awarded airline through the launching of a tendering procedure for the operation of the required air service. In the case of Spain, this type of administrative concession has been shifting towards e-procurement processes by providing transparent electronic portals. This research aims, precisely, at encouraging a better understanding of how information technology may have systemic benefits to public bodies aiming to efficiently conduct a digital procurement ecosystem. To do this, the authors have analyzed the 23 PSO routes imposed so far, and the corresponding administrative procedures. The findings suggest that e-procurement has led to greater public transparency.

Efficiency and sustainability of public service obligations on scheduled air services between Almeria and Seville

The objective of this paper is to examine how the imposition of Public Service Obligations (PSO) on certain routes may affect the transportation sector, with a focus on aviation in the European Single Market. Thus, this research investigates how this form of public intervention can be useful to access adequeate transport system in remote and peripherical regions. Subsequently, this paper intends to display that the imposition of PSO on aviation routes should be considered as a unique mean of market intervention on behalf of territorial cohesion. To accomplish this, an analysis of the economic impact in terms of efficiency and sustainability in the case of the scheduled air route between Almeria and Seville in addition to other transportation alternatives such the bus or train was conducted. Additionally, this research attempts to shift the research focus away from PSO routes in order to determine the convenience of administrative concession as a way to foster the creation of specific routes, which furthermore cannot be covered by the entrepreneurship of private initiative in a free market regime. Consequently, this approach recognises that this form of public intervention is a way of correcting particular market failures, such as the lack of the adequate transportation.

Perception of the professional nursing environment in Primary Care in the Valencian Community, in departments with public and private management

Nursing practice environments (NPE) improve the quality of care, satisfaction and heath results; there are no studies that compare the Primary Health Care (PHC) environments according to their management model. Our aim is to estimate and compare the perception of the quality of the NPE in the PHC in Health Departments (HD) of the Valencian Community (Spain) with management model public or indirect-private (Administrative concession). Transversal study on PHC nurses from three HD, one with direct public management and two with indirect-private management. The Practice Environment Scale-Nursing Work Index questionnaire, validated in Spain, was administered. Sociodemographic and professional variables were recorded. Variables related to test score were analyzed by multiple linear regression. Two hundred and sixty-nine answers (80.3%). All HD perceived NPE quality in a positive way, both globally and for the different dimensions (except D4). Indirect private management model HD obtained higher global scores, the same tendency was observed for D1 and D2, and the opposite for D4. Global score was related to age, professional experience, being a coordinator and management model; only the age of the nurses and being a coordinator showed a significant relationship with the score in the multivariate regression model. The NPE of the PHC of the Valencian Community are of good quality, without significant differences according to different management models of the HD. Being a coordinator and, particularly, the age of the nurses are variables that are independently related to the global score obtained.

Public-private partnerships in the Spanish National Health System: The reversion of the Alzira model

In the statutory Spanish National Health System (SNHS), the role of public provision is prominent. Nonetheless, since the inception of the SNHS, Regional Health Authorities have also purchased hospital care from private not-for-profit or for-profit providers, usually complementing public provision. Over the years, the autonomous community of Valencia has championed the use of Public Private Partnerships (PPP) in the form of administrative concessions (AC) awarded to private providers. In the La Ribera Health Department, which includes Alzira, the company Ribera Salud held the concession to provide hospital and primary care to the registered population since 1999 - and this became known as the Alzira model. In April 2018, when the administrative concession was expected to be renewed, Valencia's Health Authority decided to terminate the concession and to revert to direct public provision. While most stakeholders - and in particular the left-wing regional government - were in favour of reverting to public provision, advocates of the Alzira model argued that it was superior in terms of productivity, per capita expenditure and quality. The termination of the Alzira model led to further regulatory changes enacted in the Law for Health 8/2018, which clearly states that public provision is the preferred model of service delivery and new (tighter) requirements are defined for any future PPPs aiming to settle in the autonomous community of Valencia. This paper describes the process and provides background information to understand the underlying reasons of this policy development.

La cuestión del agua en La Gomera: síntesis de un proceso de expropiación al campesinado (1900-1950)

On the Canary Island of La Gomera the use and exploitation of water was historically managed via the dula system until, in the early twentieth century, it was undermined by the interests of large scale landowners in their attempt to control water so as to extend their new export crops: bananas and tomatoes. Documentation for this study stems from sources such as the Archivo Histórico del Consejo Insular de Aguas de La Gomera, the Registro de la Propiedad de San Sebastián de La Gomera, the Catastro de Rústica and the Archivo Histórico Provincial de Santa Cruz de Tenerife. The information examined suggests that this can be considered an expropriation process settled during the first half of the century, following two channels: by corporative means that led to irrigation associations in the valleys of the north and west, or by direct appropriation through administrative concessions in the south.

Ejecución directa de obras públicas versus contrato administrativo: el principio del contratista interpuesto en el derecho administrativo español del siglo XIX

In Spain, the liberal State of the nineteenth century commandsthe principle of the interposed contractor for the construction and operation of public works. Administrative legislation prefers the construction of public works for contract and administrative concession, accepting exceptionally the direct construction of public works by the State.

Instruments of administrative concessions of water use rights in Spain

ABSTRACT Most of the Spanish territory is marked by Mediterranean climatic characteristics, in which rain irregularity and droughts present continuous challenges to water resource managers. Since the end of the 19th century, the country has adopted a management logic based on flow regularization from dam construction and basin water transfers. However, from the Water Framework Directive adopted in 2000, European Union member states are forced to undertake more environmentally oriented management processes, with a focus on improving the ecological status of water bodies. In this sense, economic management tools have been highlighted in the national strategies for compliance with the Water Framework Directive requirements. One of those instruments is the public water use rights permit. This paper aims to present the Spanish panorama of this instrument and contribute to those interested in water management. The work shows that there are several challenges and problems faced by the Spanish management apparatus, particularly regarding continuity of private management of groundwater and insufficient knowledge of numerous wells and volumes of water used. For various reasons, the concessions system faces criticism as to defending the interests of traditional economic sectors.

Estudios latinoamericanos sobre concesiones y PPP

Estudios latinoamericanos sobre concesiones y participación público privada (a este último término hacen referencia las siglas PPP) es un libro posicionado sobre esos tópicos neurálgicos para la buena marcha de las sociedades contemporáneas, temas ubicados actualmente cual titulares de primera página de prensa en el debate jurídico-público global. La obra es fruto del trabajo de un grupo de autores avocados a la investigación de la concesión administrativa y de la colaboración público-privada como escenario en el que aquella se debate.

Construcción de pantallas y anclajes en el solar del Mercado de la Encarnación en Sevilla: modelo de cálculo, estudio de desplazamientos y propuesta de intervención

The construction of reinforced concrete diaphragm walls under Encarnacion Square comes after the demolition in 1972 of the antique “Mercado de Abastos”. Those works were included into the administrative concession of the Sevilla City Council for the constructions of a new market and underground parking. As the project annex, were made the calculation of the building’s diaphragm walls would contain 3 levels underground, with the conditioning factors to avoid damages on the buildings and roads around. The wall’s execution started on July and finished on November 2002. A total of 8835 m 2 and 1840 m 2 were built with 80 cm and 100 cm of thickness respectively. Once the containment structure was finished, the anchorages works begin between May and September 2003. This investigation exposes the calculation method used for the walls and anchors and shows the graphic of deformation obtained by inclinometers.

Fiscalitŕ e agricoltura: nuovi strumenti per la competitivitŕ dei sistemi agroalimentari. Un modello di intervento in Basilicata

The crisis in the agricultural sector in the last two years has highlighted the need to help business operators through actions that improve system efficiency and reduce costs, including through tax, financial and administrative concessions. Especially in more specialized areas, can be representative in this sense the experience of industrial districts, business networks and supply chains, in relation to which the national legislation provides tax, administrative, financial and support for research & development benefits. Specifically, it is crucial to define, in the light of the federal reform in place, the best practices that allow the definition of a model district, as a form of territorial organization of local development, such as to maximize the economic and fiscal benefits provided by Financial Laws for 2006 and 2008/09, the Law 133 of 2008 and so-colled anticrisis Law and the possible opportunities arising from the implementation of federal reforms and their impact locally. The research takes as the territorial area Lucania of Metapontino, which were promoted with great ability concertation, several partnerships in the food industry: the Agrifood District of Quality, Integrated Food Chain Projects, Programs for Local Development of the Local Action Groups. The results show, firstly, the importance of the district and food chains for the value of the area by improving the organization of business functions and governance. On the other hand, show how, through the implementation of an empirical model built on data of the regional economy, some political relief, through reduction of the interventions of social charges on the firm and the worker, may, in a perspective of local government federal, cause a positive impact on the local component of the value added and, therefore, income from capital and labor. Therefore, cooperation between the food sector stakeholders see that the variable tax tables included in the bargaining at the local level could certainly be successful for the level of welfare of economic agents.

Choosing the site for the first wave farm in a region: A case study in the Galician Southwest (Spain)

Where should the first wave farm in a region be installed? The nearshore area with the largest resource is the prime candidate. But how should this area be determined? Wave resource analyses typically consider a small number of wave patterns. Does the number of wave patterns influence the outcome? And, more generally, what is the best procedure for selecting the area? This work proposes an approach based on a large number of nearshore wave patterns and applies it to the Galician Southwest, where the first administrative concession for a wave farm (at a site to be determined) is expected to be issued shortly. The sensitivity of the results to the number of wave patterns, hence to the percentages of the total annual energy and time covered in the analysis, is investigated. It is found that the area that emerges as having the largest resource does depend on these percentages. For this reason, conventional analyses based on a small number of wave patterns are not sufficient to reliably determine the area with the largest resource. It is necessary to ensure that a sufficiently large percentage of the total energy is considered, using a procedure like the one proposed in this work.

Aragon's Action Plan for Wastewater Treatment: A Model of Environmental Management

In order to meet the targets set by European Directive 91/271/EEC on treatment of urban wastewater, the Government of Aragon launched the Special Plan for Sanitation and Water Treatment (PESD by its Spanish initials). The plan aims to treat wastewater in all agglomerations with a population-equivalent of more than 1000 inhabitants. The challenge is a major one, given that Aragon's relatively small population is very widely dispersed over frequently mountainous terrain. For the purposes of the plan, Aragon has been divided into 13 zones and 132 treatment plants are being built for 172 centres of population. Each zone is managed by a 20-year administrative concession, while projects are financed by a ‘Sanitation Toll’ in accordance with the principle of cost recovery. The population centres participating in the programme will receive environmental and social benefits as they see their rivers brought back to life.

Consideraciones económicas en las relaciones con los concesionarios

En el ámbito de las concesiones administrativas, los desacuerdos entre los concesionarios y la Administración concedente surgen, generalmente, en relación con: la determinación del nivel de tarifas, su revisión y variación, el mantenimiento del equilibrio, la potestad de fiscalizar la concesión. Las normas vigentes son claras, pero malos hábitos han contribuido a que los concesionarios siempre ganen en sus planteamientos. El objetivo de este trabajo es ayudar a la parte concedente a gestionar el conflicto dentro de las normas, con una aplicación directa y llana del alcance de sus artículos pertinentes, cuyo significado, a veces, se ignora o se vela con expresiones grandilocuentes, pero vacuas. Hay información suficiente y asequible para concretar y aplicar expresiones tales como: margen normal de beneficio, una buena y ordenada administración, equilibrio, factores constitutivos de la tarifa como base para futuras revisiones.

Existing guidelines and regulations in Spain on wastewater reclamation and reuse

One of the points to take into account when the implementation of a wastewater reclamation and reuse project is planned is the absence or the existence of clear regulations. In Spain, the Government issued ten years ago one Law and one Decree where wastewater reuse was indicated as a possibility, and a minimal statement appeared, indicating the need for an administrative concession and a compulsory report of the Health Authorities. An indication was made that further legal developments would be needed. There is a bright future for wastewater reuse in Spain, but at present it is compromised, owing to the fact that the projects are appearing and a lot of difficulties arise because of the need for a more complete legal definition. In Spain there is a strong tendency to decentralise the Administration and give more power to the “Autonomous Governments” (Regional Governments: 17 in the whole country). The decisions and permissions for wastewater reuse are given now case per case depending on the Regional Administrations. Since it is difficult to get such approvals without having definite legal health regulations, several Regional Health Authorities have decided to develop their own guidelines for wastewater reuse for irrigation. At the moment (June 1995) 3 guidelines are operative. The authors describe these three guidelines and discuss their development and the main ideas included. The three approaches are really different in conception and a comparison is made between them as well as with regulations in the Mediterranean Basin and other countries.

Existing guidelines and regulations in Spain on wastewater reclamation and reuse

One of the points to take into account when the implementation of a wastewater reclamation and reuse project is planned is the absence or the existence of clear regulations. In Spain, the Government issued ten years ago one Law and one Decree where wastewater reuse was indicated as a possibility, and a minimal statement appeared, indicating the need for an administrative concession and a compulsory report of the Health Authorities. An indication was made that further legal developments would be needed.There is a bright future for wastewater reuse in Spain, but at present it is compromised, owing to the fact that the projects are appearing and a lot of difficulties arise because of the need for a more complete legal definition. In Spain there is a strong tendency to decentralise the Administration and give more power to the “Autonomous Governments” (Regional Governments: 17 in the whole country). The decisions and permissions for wastewater reuse are given now case per case depending on the Regional Administrations.Since it is difficult to get such approvals without having definite legal health regulations, several Regional Health Authorities have decided to develop their own guidelines for wastewater reuse for irrigation. At the moment (June 1995) 3 guidelines are operative.The authors describe these three guidelines and discuss their development and the main ideas included. The three approaches are really different in conception and a comparison is made between them as well as with regulations in the Mediterranean Basin and other countries.