Are Private Companies Providing Public Services State Entities? About Sentence C 736 of 2007 (¿Las Empresas Prestadoras De Servicios Públicos Privadas Son Entidades Estatales? A Propósito De La Sentencia C 736 De 2007)

This article conceptually analyzes all the possible implications that a constitutional decision brought to the legal nature of the mix public service enterprises. Recently, the Constitutional Court concluded that the private public service enterprises are state-owned companies, as long as there is a public input (no matter the amount). According to this, it would be explained (as a new conception of the public service) that the public service enterprises characterized by private nature are not state-owned companies, they cannot be assimilated to a public function in the category of “civil service” and jurisprudence pronouncements after 1991 and all the legal reforms made in 1994 related to this topic. The second part of the article shows in abstract control some Constitutional Court pronouncements, they insinuate that the private public services enterprises are a manifestation of the administrative decentralization and especially the decision C 736/07 concluded that the public services providers corporations, with a public input included, are state-owned companies