Public service, administrative jurisdiction, general interest, public control, public power prerogatives, beam of indices, private organization, public service mission, higher education, administrative law
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Abstract
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Abstract
The Bordeaux Administrative Court of Appeal's ruling on the Basque Country Osteopathic College's status as a public service, examining the criteria for identifying public services and administrative jurisdiction.
Extract
[...] Thus, this ruling reveals other indices on which the administrative judge relies to identify public services. This leads to questioning the need for the traditional criteria of the Narcy ruling." This is therefore a subsidiary method that comes after other things: legislator, criteria but this can be contestable. A contestable procedure leading to uncertainties This procedure leads to certain discussions, particularly in view of the significant increase in the judge's administrative discretion. However, its role is not to fill the law. [...]
[...] Here, these criteria are cited, and will be characterized in parts, yet we will consider that it is a public service." The abandonment of the cumulative status of the identification criteria The criterion of powers of public authorities evolves over time, until it is no longer constantly necessary. In fact, Célia Vérot criticizing the solution of the APREI ruling of the Council of State in 2007, returns to President Kahn who "suggested that the possession of powers is less necessary as the control and subjections are strong." This criticism can be applied to the CAA ruling. [...]
[...] Two contradictory definitions of public service can be given: one leading to consider that there is public service only if the private manager of this activity benefits from public power prerogatives, the other, considering that public service is a general interest activity subject to a certain degree of control by a public person'. In summary, Boiteau questions the relevance of maintaining two distinct criteria to identify public services, suggesting that a more flexible approach could be adopted, emphasizing the general interest and public control rather than specific public power prerogatives. [...]
[...] But also of a coming of complementary methods of identification of public service organisms). I. The bending of a traditional identification of public service management Through this solution, we distinguish the predominance of initial foundations in terms of public service recognition This was followed by the abandonment of the cumulative status of identification criteria The predominance of initial foundations in terms of public service recognition The legislator plays an important role in recognizing public services. In fact, in our ruling, the Council of State asserts that there are certain situations "in which the legislator has itself intended to recognize or, conversely, exclude the existence of a public service". [...]
[...] Finally, the private person must hold powers of public authorities, which is the material criterion. The jurisprudence of this ruling is then private person who ensures a mission of general interest under the control of the administration and who is endowed with powers of public authority for this purpose is responsible for the execution of a public service." From then on, for our decision, it is a matter of right that these three criteria are necessarily combined in order for a private organization to claim the management of a public service. [...]
