Administrative vs Industrial Public Services

Extract

[...] Thus, there would exist on one side, administrative public services and on the other, industrial and commercial public services. This theory was later developed and was synthesized by the jurisprudence Union syndicale des industries aéronautiques (CE November 1956) which details three series of criteria allowing them to be distinguished: the object, the modalities of functioning and the modalities of financing of the activity. Knowing that these criteria are supplementary: public services can be qualified, when they are created, by legislative or regulatory texts. [...]

[...] The mode of financing can highlight the administrative aspect of the public service. The sanctions that the library management intends to impose on Suzanne, a civil servant, are individual measures that are not taken under the powers of public authority. Their contestation, however, falls within the competence of the administrative judge because their contestation falls within an individual contentious matter concerning the discipline of civil servants. In conclusion, to obtain the annulment of the clause, Salim must bring his appeal to the administrative jurisdiction; Suzanne must also bring an appeal to the administrative jurisdiction to contest any potential sanctions that may be taken against her. [...]

[...] Finally, the administrative judge is competent under Article L. 311-1, Code of Administrative Justice to know disputes involving civil servants in the matter of 'individual order disputes ( . ) concerning the recruitment and discipline of public agents'. In this case Salim was recruited for the management of the skate-park, management of a public industrial and commercial service. In the first place, it is a public service: the general interest animates this activity since the purpose is notably to accompany the Olympic fervor and develop sports practices. [...]

[...] Administrative jurisprudence recognizes the quality of public service to very diverse activities. Recently, the administrative judge qualified the organization of the International Festival of Lyric Art in Aix-en-Provence as a public service (CE April 2007, Municipality of Aix-en-Provence). This is the case, in particular, in the field of entertainment, leisure and festivals as well as tourism and leisure (CE April 1964, Municipality of Merveille-Franceville). These types of events serve a general interest of a cultural and tourist order. Independently of the general interest that must animate any public service activity, the second criterion is that of the link between the activity of general interest and a public person. [...]