Public functions performed by individuals

The case of the electrical System Operator according to spanish Law 54/1997

Abstract

This article analyses the nature of the functions assigned to the “System operator” regulated in the Spanish Electric Power Act (Act 54/1997) and played by the Company Red Eléctrica de España. The objective of the study is to determine whether there are public functions assigned to a private entity and whether the legal framework corresponds to the nature of the functions. Once the public nature of the functions assigned to the electricity system operator is identified (among others, it is entitled to dictate acts covered with authority, like authorisations and instructions), the study analyses the public controls established and concludes with some recommendations to improve them.