Sumary of 128 of the Constitution: the article that allows the Government to put electricity companies at the service of the general interest:
- By law, essential resources or services may be reserved to the public sector, especially in the case of monopoly.
- “Article 128 of the Spanish Constitution has returned to political news after the threat of electricity companies to advance the blackout of nuclear power plants by the Government’s measures to try to contain the rise in the electricity bill.
- Expert sources in administrative law indicate that the threat of the electricity companies to advance the nuclear power outage, which contributes 20% of the electricity in Spain, is “more political than legal.
- ” “They cannot do it,” they insist, because it is a sector “subject to heavy regulation and supervision.
- The professor of Constitutional Law at the University of Seville and former lawyer of the Constitutional Court Joaquín Urías explains that article 128 fits into the current assumption because “what it requires is that there be a confrontation between the general interest and a particular interest of any kind” .
- However, this expert indicates that this rule does not apply from one day to the next, but is a general principle that allows the existence of public companies in certain sectors.
- “When the electricity companies or Iberia belonged to the State, that was an application of 128”, he exemplifies.
- This would also imply the subsequent expropriation of companies that are already operating in that sector, through article 33 of the Constitution.