The incidence of outsourcing of public functions in the general Administration of the State. ¿Is there any limit?

Abstract

This work analyzes the incidence of outsourcing of public functions in the general Administration of the State. This phenomenon responds to an attempt to move to the administrative field an instrument commonly used in private companies. This tool allows movement to a third party the exercise of some functions which are done in-house, in an effort to improve the principles of efficiency and effectiveness. Nevertheless, its application by the Administration raises several questions. We attempt, not only to redirect this tool to the classic administrative categories, but also to determine its limits. In this respect, the exercise of public powers, the functions that imply the exercise of authority or the safeguard of the general interests of the State, must be rigid limits. In addition, there are certain rules of our juridical world that allow us to solidify even more the diffuse boundaries of this utility.