The sharing of public tasks between Public Administration and companies: in search of a new balance

Abstract

The article examines the public tasks reserved to the social state and how these tasks have been compromised by the advancement of various privatization processes. Under the allegation of the need to open the public sector to competition, the public monopoly gradually gave way to new monopolies and oligopolies, this time of a private nature. State management of public services has been replaced by business management, in the form of public-private partnerships. This resulted in a significant setback in the State's capacity for direct intervention in the economic and social fields. In the current context marked by the hegemony of neoliberal ideology, the viability of the permanence of the sum division that marked the development of political-legal thought, that is, the dichotomy of public tasks and private tasks, and how a sharing can be carried out is revisited. of responsibility between the State and companies in complex societies based on this division, without compromising the intervention powers inherent to a social State.