The normative origin of the municipal publics utilities of mandatory provision. Ancient regime and first constitutionalism

Abstract

We are witnesses of a time of a vertiginous change about traditional concepts of administrative law, like public utilities, in its material and subjective aceptance. Deserve to review, in the midts of such uncertainty, how publics utilities so relevant to the development worthy of human life, like municipal publics utilities of mandatory provision (art. 26 LRBRL), remain largely unchanged in the area of municipal attributions, since the irst constitutionalism. Without doubt, of this permanence its follows the undoubted secular utility of our municipal institutions to meet the collective needs. Among all mandatory services we analyze the origin of three that we consider particularly emblematic: water supply to populations, urban solid waste collection service, and urban collective transport.