Public Service: General Interest Activity

Extract

[...] The public service is characterised by the fact that it is an activity intended to meet the needs of the public, that is to say, the population it concerns. Invariably, the public service is a general interest activity, by virtue of a finalist criterion. But this does not prevent the fact that from a material point of view, its object is administrative or industrial and commercial. It does not prevent the emergence of industrial and commercial public services, which is criticisable, especially from the point of view of the unstable legal regime of public services. [...]

[...] Public services will, however, experience a significant boom at the beginning of the 20th century. century. The transition from the State Gendarme to the Welfare State, combined with the period of 'municipal socialism' will mark a renewal of the intervention of public persons. These latter, by intervening more and more in the economic and social sphere, are then led to take charge of new activities, distinguishing themselves from the old ones, by their industrial, commercial and mercantile nature. The jurisprudence has long admitted that public persons can manage certain public services under the same conditions as an ordinary industrialist. [...]

[...] Public Administrative Services the only true public services? - Detailed plan and introduction If there is one key concept in administrative law, it is public service. Public service, described as the "cornerstone of administrative law" by Gaston Jèze, is one of the most common criteria of administrative law, often combined with public authority. The Bordeaux School, also known as the School of Public Service, has thus been able to see in the concept of public service the criterion for determining the cases of application of the rules of administrative law, in this regard relying on the decision Blanco rendered by the Council of State on 8 February 1873. [...]

[...] We will first see that the public service is a general interest activity with diversified management and then that the implementation of industrial and commercial public services is criticisable (II). A public service unique in its essence and plural in its existence The invariable: a general interest activity To recall that if all general interest activities are not necessarily public services, on the other hand, all public services are certainly of general interest. To note 2 points: The definition of IG is just as difficult to establish as that of SP General interest activities can be national or local, therefore local or national public services The variable: the object of SP The dual design of SP: Bac d'Eloka = consecration of the existence of SPIC. [...]

[...] Private law can apply to SPAs when they are managed by private individuals and vice versa = complexity of the regime. The crisis of the notion of public service New activities of general interest, distant from the 'true SP's' then develop, and this despite the few 'locks' successively set by the CE judgments Casanova and Chamber of Commerce of Nevers). The particular nature of such activities and their modes of operation made it difficult to submit them to the rules of administrative law = Ambivalence. [...]