@misc{10481/68868,
year = {2021},
url = {http://hdl.handle.net/10481/68868},
abstract = {This paper focuses on the legal and institutional framework of urban water services in Spain,
emphasizing water sanitation by using proposals that would positively contribute to wastewater
management in Brazil. The recent Brazilian Federal Law No. 14,026/20 aims to encourage investment
in water sanitation, promoting public-private collaboration formulas so that service management is
viable even in economically less-favored regions. In Spain, sanitation policies are aimed at fulfilling
the set of obligations and objectives imposed by European Union Directives within the environmental
policies of the Union. From an economic point of view, supply and sanitation water services are
classified at European legal framework as “services of general economic interest” (SGEI), not subject to
harmonized regulation and open to a natural monopoly provision regime, which they admit various
types of management formulas, public and private, based on the ownership and public intervention
of the service, both at national and European level. We believe that the Spanish experience in this
field, beyond its singularities, can serve as a useful reference for Brazilian’s urban wastewater new
regulation for several reasons: (1) Because of the decentralized political scheme that both countries
share and the need to articulate an adequate system of competencies in consequence; (2) Because of
the international experience that Spanish companies have at the sector’s technological forefront, they
are very competitive; (3) Due to the adequate functioning of the Spanish legal and organizational
framework since, despite its shortcomings, as we later will comment, it has managed to develop
successful financing formulas and management models that, in general terms, have allowed to
ensure with reasonable efficiency, continuity, stability and sustainability in the provision of urban
water services.},
organization = {CampusHabitat5U network of excellence of Valencian
public universities},
organization = {Cátedra del Agua of the
University of Alicante, the Diputación Provincial de Alicante},
organization = {Spanish Ministry of Science,
Innovation and Universities (DER2017-87789-R)},
organization = {Ministry of Economy and
Knowledge of the Junta de Andalucía and the FEDER Andalusia Operational Program 2014-2020  (B-SEJ-444-UGR18)},
publisher = {MDPI},
keywords = {Urban water management},
keywords = {Sanitation},
keywords = {Public policies},
keywords = {Sustainable development},
keywords = {Public contracts regulation},
keywords = {Public-private collaboration},
title = {Legal Aspects of Urban Water and Sanitation Regulatory Services: An Analysis of How the Spanish Experience Positively Would Contribute to the Brazilian New Regulation},
doi = {10.3390/w13081023},
author = {Navarro Ortega, Asensio and Burlani Neves, Rafael},
}