Extract
[...] If the 1935 judgment, Etablissements Vézia, has admitted that a private law organization can be entrusted with a public interest mission, the Council of State recognizes that such an organization can be entrusted with the execution of a public service in its entirety, in the case of primary social security funds, with the judgment CE May 1938, Primary Fund Aide and Protection. Therefore, these organizations, although of private law, are also in a position to issue administrative regulatory or individual acts. Such power has been explicitly recognized in an organization charged with participating in the execution of the public service, in this case, the organization committees during the war (CE July 1942, Montpeurt) as well as to professional orders, in this case the Higher Council of the Order of Physicians (CE April 1943, Bouguen). [...]
[...] The public service is ensured by both public and private persons2. - In what way the notion of public service transcends is the approach of identifying the administrative act through the sole organic criterion? The unilateral administrative act reveals itself as the preferred means of the purpose of administrative action, which is the public service It even extends to services for which the judges have considered that, functioning in a similar way to private companies, they should be largely excluded from administrative law (II). I. [...]
[...] At the time of the Bordeaux school, represented mainly by Jèze and Duguit, their thinkers determined a triple identity between public service, application of public law and competence of the administrative judge. For public services to function, they normally organize themselves through the issuance of unilateral administrative acts. These can be, according to the terminology of Article L. 200-1 of the Code of Relations between the Public and Administration (CRPA), decisive and non-decisive. It is more the unilateral administrative acts that are decisive that interest us here. [...]
[...] Finally, the acts taken by the administrative authorities external to this service (appointment authorities, etc.) always have an administrative character. This is the case, for example, of decrees or appointment orders of leaders who are then individual administrative acts and not regulatory. B. The industrial and commercial public service remains largely governed by private law However, due to certain similarities with the management of private sector economic services, industrial and commercial public services (SPIC) remain, in general, subject to private law and fall within the jurisdiction of the judicial judge. [...]
[...] French Blood Establishment). Similarly, the entire set of relations with their personnel (except for the director and the public accountant: CE De Robert Lafreygère; CE Jalenques de Labeau) and their users (TC Dame Bertrand) is subject, except in exceptional cases, to the rules of private law. Consequently, the acts issued for this purpose do not have the quality of administrative act. It is necessary to specify that, if in the course of a dispute concerning these individual measures before the judicial judge is raised the question of the illegality of a regulatory administrative act, only the administrative jurisdiction will be competent to know it, except where the assessment to which the judicial judge must give himself belongs to a well-established jurisprudence (TC Oct SCEA du Chéneau). [...]
