This article aims to determine whether the expedition of the law 1437 of 2011 limited the organic criteria established by the Consejo de Estado for contractual conflicts of service public operators, requiring in addition, that the contract includes or must include exorbitant clauses. For this purpose, the author analyses the concept of public service, the changes it has undergone, and its reception by national law, understanding the public service as an economic activity governed by the social State under rule of law. Furthermore, it points out the absence of a single criteria regarding competent jurisdiction for this contractual conflicts, between the law and the rulings.