Extract
[...] We can justify this, in particular, by the fact that the public service has nothing in its own name, only the necessary goods for its action and cannot act in court as a person. Indeed, all actions are always brought in the name of an organ, a public person or the administration. This feature of the public service harms the clarity of this and makes it more technical and less clear than common law on this point. Appearing as a relatively simple matter, the Legislator thought it good to create the Code of Public Service to improve the situation and create a semblance of a legal framework. B. [...]
[...] Thus, such flaws inevitably lead to questioning the future of the public service, increasingly worrying in view of the risks and breaches weighing on it. These numerous evolutions also allow us to question the nature of public service law: in view of the numerous evolutions it undergoes, we can legitimately wonder if its publicist character is not affected. II. The public service as a mixed law It does not seem completely aberrant to approach public service law from the angle of a mixed law, given that it is increasingly approaching labor law, the two matters presenting undeniable links This term of mixed law appears all the more coherent in light of the process of contractualization of the public service A. [...]
[...] Thus, we find numerous inspirations from labor law for public service law. Hence, doctrine has highlighted these numerous inspirations and brought public service law closer to labor law, being a private law, so it could be characterized as mixed law or even transversal law as it now combines both. For example, the CGFP makes numerous references to the Labor Code, which is the case for temporary workers in particular. The references are so numerous that, in certain respects, the distinction between public service law and labor law no longer appears as clear-cut. [...]
[...] If the CGFP has not improved the legal regime of the public service, it is once again affected by the pressure of a European law that is imposing its imprint on general law and, as a consequence, on the public service. Thus, the transcription of European law into national law presents certain risks. Firstly, the establishment of CDI after 6 years in the public service, when it was not provided for by the Legislator, the EU proposes in a directive of June Internal law being subject to European law, public service law must comply with it, but this will allow the development of the contractualization of civil servants to leave a marginal place to the classical statutory character of the public service. [...]
[...] However, the doctrine considers that if the employee is bound to obligations as civil servants, it is not so much due to the contract but rather to their status as civil servants and the obligations towards the State that are attached to it. Thus, the contractual character would not change the substance of the profession but rather the form, rules, and principles governing public service law would remain the same. The Council of State itself has proposed employment contracts, so the administrative judge does not oppose this process. We cannot deny the impact on the statutory edifice of public service law, whose application is increasingly marginal. [...]
