RESEARCH
LPL EDITIONS
RESEARCH ACADEMY
HAPPENING
RESEARCH
Administrative Law
Public Water and Waste Services
Responsible Researchers:
João Miranda
João Miranda
External Researchers:
Ana Luísa Guimarães; Filipe Brito Bastos; Mark Kirkby
Ana Luísa Guimarães; Filipe Brito Bastos; Mark Kirkby
Consultants:
Rui Cunha Marques (IST)
Rui Cunha Marques (IST)
Financing:
UIDB/04310/2020
UIDB/04310/2020
Project Status:
Ongoing
Ongoing
Summary
The intensification of corporatization in the sectors in question and the predictable increase in the participation of the private sector in the execution of these public tasks force us to rethink the role of the State, which could involve changing the paradigm from a State responsible for providing services to another in which the State is responsible for regulating or guaranteeing the quality of satisfaction of these collective public needs.
Furthermore, in a context of budgetary shortage, there are conditions for the emergence of multiple tensions between the different actors, public and private, in the sector, evident in the growth of judicial litigation between them, and solutions must be sought that, without jeopardizing quality of public services, do not prove to be financially unsustainable.
The project in question aims to contribute to a better formulation, implementation and control of public water and waste policies, namely through scientific and academic debate on the choices made by public decision-makers and the presentation of alternative paths to the problems posed in each specific situation.
Furthermore, in a context of budgetary shortage, there are conditions for the emergence of multiple tensions between the different actors, public and private, in the sector, evident in the growth of judicial litigation between them, and solutions must be sought that, without jeopardizing quality of public services, do not prove to be financially unsustainable.
The project in question aims to contribute to a better formulation, implementation and control of public water and waste policies, namely through scientific and academic debate on the choices made by public decision-makers and the presentation of alternative paths to the problems posed in each specific situation.
Objectives
1) Frame public water and waste services in the broader context of public policies that have been pursued in these sectors of administrative activity;
2) Take stock of developments in Portugal in terms of public water and waste policies, establishing a comparative framework with other member states of the European Union and defining “benchmarks” or identifying and disseminating “best practices” ” in the area of management of public water and waste services;
3) Reflect on the influence of European Union Law on the measures adopted in the Portuguese legal system;
4) Consider the possibility of recognizing a fundamental right to water and its implications for the protection of users of public water services;
5) Analyse the functioning of public water and waste services within the framework of the relationship between the State and local authorities and, in particular, assess, at a legal-constitutional level, the model of sharing of competences between those entities;
6) Evaluate public services in terms of public policies for territorial development and combating asymmetries between different regions;
7) Appreciate the advantages and disadvantages of the degree of territorial aggregation in the provision of water and waste services;
8) Consider increasing the participation of the private sector in the operation of these services;
9) Analyse the concessionary model provided for in Portuguese legislation;
10) Study the forms of administrative regulation of the sector and identify the conditions for true independence of the administrative entity that exercises these functions;
11) Identify lines of intervention by the regulatory entity, particularly at the regulatory level;
12) Study the mechanisms/instruments for monitoring environmental obligations and quality standards in the provision of services by operating entities in the water and waste sectors;
13) Assess the economic and financial sustainability of infrastructures integrated into public water and waste services;
14) Analyse the nature of the tariffs charged to users of these services and consider the advantages and disadvantages of moving towards forms of tariff harmonisation in the national territory, namely through the application of instruments of the nature of a Tariff Balance Fund.
2) Take stock of developments in Portugal in terms of public water and waste policies, establishing a comparative framework with other member states of the European Union and defining “benchmarks” or identifying and disseminating “best practices” ” in the area of management of public water and waste services;
3) Reflect on the influence of European Union Law on the measures adopted in the Portuguese legal system;
4) Consider the possibility of recognizing a fundamental right to water and its implications for the protection of users of public water services;
5) Analyse the functioning of public water and waste services within the framework of the relationship between the State and local authorities and, in particular, assess, at a legal-constitutional level, the model of sharing of competences between those entities;
6) Evaluate public services in terms of public policies for territorial development and combating asymmetries between different regions;
7) Appreciate the advantages and disadvantages of the degree of territorial aggregation in the provision of water and waste services;
8) Consider increasing the participation of the private sector in the operation of these services;
9) Analyse the concessionary model provided for in Portuguese legislation;
10) Study the forms of administrative regulation of the sector and identify the conditions for true independence of the administrative entity that exercises these functions;
11) Identify lines of intervention by the regulatory entity, particularly at the regulatory level;
12) Study the mechanisms/instruments for monitoring environmental obligations and quality standards in the provision of services by operating entities in the water and waste sectors;
13) Assess the economic and financial sustainability of infrastructures integrated into public water and waste services;
14) Analyse the nature of the tariffs charged to users of these services and consider the advantages and disadvantages of moving towards forms of tariff harmonisation in the national territory, namely through the application of instruments of the nature of a Tariff Balance Fund.
Relevance
This project has a research perspective and a training perspective, which, although formally independent of each other, complement each other. As for the first, the aim is, first of all, to produce at least the annual publication of a work on Water Law or Waste Law.
In a first phase, the publications will bring together interventions by speakers at conferences or in postgraduate courses held on the topic, with the expectation that, in a second phase, it may evolve towards the publication of works on more specialised subjects, related to the operation of water and waste services. These latest publications will preferably focus on interdisciplinary approaches to the topics.
With a view to public dissemination of the work carried out, free access to all publications will be ensured, namely through e-books made available on the Public Law Research Center website.
On the other hand, taking advantage of the existence of cooperative relationships with other entities (Water and Waste Services Regulatory Entity, Instituto Superior Técnico, Portuguese Partnership for Water), joint initiatives within the scope of research are contemplated, thus as well as in terms of debate on current issues.
In a first phase, the publications will bring together interventions by speakers at conferences or in postgraduate courses held on the topic, with the expectation that, in a second phase, it may evolve towards the publication of works on more specialised subjects, related to the operation of water and waste services. These latest publications will preferably focus on interdisciplinary approaches to the topics.
With a view to public dissemination of the work carried out, free access to all publications will be ensured, namely through e-books made available on the Public Law Research Center website.
On the other hand, taking advantage of the existence of cooperative relationships with other entities (Water and Waste Services Regulatory Entity, Instituto Superior Técnico, Portuguese Partnership for Water), joint initiatives within the scope of research are contemplated, thus as well as in terms of debate on current issues.
Events
Administrative Law
Conference
8 October 2015
I Lisbon International Water Conference
Administrative Law
Conference
21 June 2016
II Lisbon International Water Conference
Administrative Law
Conference
19 March 2017
III Lisbon International Water Conference
Administrative Law
Conference
14 March 2019
IV Lisbon International Water Conference
Administrative Law
Conference
29 September 2022
V Lisbon International Water Conference
Administrative Law
Conference
31 October 2024
III Conference | Water Scarcity and its Impact on Public Water Services
