The Administrative Law of Infrastructure: Rethinking the classical concept of public assets in favor of economic and social development

Abstract

This article proposes a reinterpretation of the classical concept of public assets, particularly in the context of infrastructure, by introducing the notion of infrastructure public assets as a subcategory of special-use public goods. The study emphasizes the purposive and dynamic nature of these assets, highlighting their role in fostering economic and social development. It critically analyzes the limitations of the traditional public works concession model and advocates for adopting infrastructure concession mechanisms as a more effective means of enabling investment, operation, and maintenance of public assets. Drawing on legal, economic, and accounting perspectives, the article calls for a redefinition of administrative practices, aiming for greater efficiency in public management and legal certainty in public-private partnerships. Examples such as highways, airports, and public parks are used to demonstrate the need to align legal frameworks with the current demands of national infrastructure.