The new law on preventive measures against the National State

Abstract

Having the context of the Spanish case as its background, this study aims at investigating the factors that culminate in the termination of concession administrative contracts. Assuming that the exploitation of huge infrastructures are deficitary and have led to the termination of concession administrative contracts in order to obtain private financing and articulate the amortization by means of revenues obtained via exploitation, it is necessary to find an explanation for the lack of profitability of road concessions in light of the economic crisis, change in legislation and the remarkable divergence between the daily average intensity of traffic anticipated and that which really occurs, which represent the fair expropriating prices. Considering the financial-economic imbalance therefore created, there is the subsidiary responsibility of the Public Administration.