Public service law, administrative law, public establishments, delegation of public services, public industrial and commercial services, SPIC, public authority, general interest, public hygiene services
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Abstract
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Abstract
This document discusses the concept of public service law, its evolution, and its application in various contexts, including the role of public establishments and the delegation of public services.
Extract
[...] But in a ruling of 3 Apr 2014 Republic of France v. Commission, the CJEU ruled against it. In the meantime, a law of the 1st March 2010 had transformed La Poste into a public limited company. The issue will arise for 2 other EPICs: the SNCF and the RATP. The affiliation The public establishment is an expression of functional decentralization but not independence?= the public establishment remains attached to a collectivity and subject to its control ?For the national establishments, it is the State that is the attaching collectivity. [...]
[...] When an EPIC leaves its specialization, it must be subject to the rules of competition posed by the ordo of 1986 and by EU law. But for lack of capital, EPICs can hardly face this competition. That is why the State is forced under EU pressure to transform these EPICs into public limited companies. For example: France Télécom in 1996, EDF in 2004. The EPIC status poses another problem: the common law procedures for insolvency and bankruptcy are not applicable to it. [...]
[...] Everywhere users are captive. This positive discrimination deviates from the equality of users to respect the freedom of opinion of some of them. The same is true for SPs which abandon tariff neutrality and modulate their rates according to household income with a view to social justice. It deviates from the equality of law as proclaimed at Article 1 DDHC « Men are born and remain free and equal in rights ». But it deviates from this in order to seek an equality of fact. [...]
[...] Indifference that is explained by the absence of consensus among member states in this area. In fact, in Fr, the public service serves as a basis for state intervention. Belgium, Italy, Greece, Spain, and Portugal also attach a certain importance to the concept of SP. But in Anglo-Saxon legal tradition states, they hardly have any effect in law. In the UK, this concept does not really exist, and in Germany, it is derived from the competence of the federal states with all the inequalities that this generates. [...]
[...] Local Public Services The right of appeal This freedom is only attenuated by 2 types of exceptions. The law can require that certain SPLs be managed by public establishments ; The jsp can, on the other hand, require that certain public services be managed in direct administration. This is the case of the Police. ?Example : the city of Menton had thought it could delegate paid parking to a private company and make municipal agents available to that company to report infractions. [...]
