PUBLIC SERVICES DOCTRINE ADMINISTRATIVE LAW IN FRENCH
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 22)Publication Date: 2019-12-31
Authors : Buriak Yaroslav;
Page : 9-13
Keywords : public service; public service doctrine; public authority; public interest; public administrative service;
Abstract
The article deals with the legal characterization of the doctrine of public services in the administrative law of France. Emphasis is placed on understanding the publicly significant activities of the state related to the concept of so-called public services. It is noted that the concept of public services is based on the theory of emergence of the state from the public contract, which is better to abandon the concepts of "sovereignty" and "public power" in favor of the concept of "public service" - the only criterion of the French rule of law. European science has offered completely different interpretations of the doctrine of public services, it is important to say that the French approach can rightfully be considered competing. Therefore, a consistent legal analysis of the concept of public services and their systems is of interest. The French understanding of the publicly significant activity of the State is linked to the concept of so-called public services, which means activities dictated by the general interest. The legal systems of different states interpret the concepts of public services (services) differently and regulate their provision. At the same time, the similarity seems to be that the Institute of Public Services is regarded as an integral part of the subject of administrative law. That is, it is not so much about regulating the provision of services by administrative bodies with the purpose of meeting the needs of individuals, but about other types of publicly significant activity of the state, carried out by a wide range of entities, and, because of its importance for individuals representing the area of public right.
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