Abstract

MORALES-ZUNIGA, María Belén; JACOME-ORDONEZ, María del Carmen  and  CASTRO-SANCHEZ, Fernando de Jesús. The legal relationship between users of public services and concessionaires. Noesis [online]. 2025, vol.7, n.esp1, pp.95-110.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.372.

The granting of public services concessions in Ecuadorian law is a historical formula for state intervention which, without transferring ownership, transfers economic management to private individuals under public control. This research analyzes the nature of the legal relationship between users and concessionaires, considering the lack of regulatory definition and its implications for legal certainty. A qualitative approach was applied, with interviews with experts in administrative law, judges, and legal advisors, in addition to documentary analysis and comparison with experiences in Chile, Argentina, and Colombia. The results show that the Constitution assigns primary responsibility for the provision of public services to the state, while lower-level regulations, such as the Organic Administrative Code, introduce a subsidiary responsibility that weakens citizen guarantees. It is concluded that the legal relationship is public in nature and requires clearer regulation to strengthen legal certainty.

Keywords : Concession; concessionaire; public service; legal certainty..

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