Public service is a state activity that can be delegated to individuals. Concessions in Mexico are the acts of the Federal Public Administration, by which the granting authority, under its control, temporarily entrusts an individual with the provision of public service at the expense and risk of the concessionaire, having the right to obtain a consideration through the fees received from users.
Concessions in Mexico, through an administrative act, it is the right that the concessionaire has to exploit any resources owned by the State. The goods, property of the State, are categorized as private enjoyment or use in the public domain such as waters, mines, or mountains.
Concessions in Mexico can be concluded in advance:
Or in the normal form of extinction:
The article 28 of our State Constitution establishes that in cases of general interest, the provision of public services or the use and exploitation of property owned by the Federation can be granted, with some exceptions. In this, modalities and conditions are established to ensure the efficiency of the provision of services and the social use of goods, avoiding concentration phenomena that contravene the public interest.
It is also considered that the waters of the territorial seas are property of the Nation, in the extension and terms established by International Law; the inland marine waters; those of lagoons and inland lakes of natural formation that are directly linked to constant currents; those of rivers and their direct or indirect tributaries, etc. The same that for the use and exploitation of the resources in question, can be expropriated by individuals or by companies incorporated under Mexican law, through concessions granted by the Federal Executive.
The legal effects are:
To be a concessionaire it is required:
The impediments for becoming a concessionaire are:
There are currently 25,267 concessions prevailing in Mexico, with a surface area of 52.6 million acres, that is, 10.6% of the surface of the national territory. In Quintana Roo, it is the State Congress faculty to approve or reject the concessions granted by the executive.
Definitely, the concessions topic in Mexico is a very broad subject, and of course, as citizens, we should not oppose them; on the contrary, they are a State and Country support, we just have to make sure each concession is legally granted and under the guidelines established by the constitution, states or municipalities.
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