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Public services and private law
Public services and private law

Author(s): Elena-Mihaela Fodor
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: public law; private law; public services; protection of the general interest.

Summary/Abstract: The Continental law systems use the distinction between public law and private law, in contrast with British law and systems of law inspired by it. In both cases, public services are associated with the general interest. More and more, every day, public services are contracted out, not only the classic ones like waste management or health care, but core state functions and duties characteristic to sovereignty, like security missions, prisons management, foreign aid policies, diplomatic functions, or even core military functions. As in a contracting out situation generally a contracting authority, with the characteristics of a public body and a private body are entering in a legal relation, the border between public and private law is not always easy to set. The article tries to point out that, whatever the type of the legal system, the protection of the general interest must be ensured, either by specific dispositions or by a coherent legislation that will allow the public law principles to be considered.

  • Issue Year: 2012
  • Issue No: 02
  • Page Range: 228-240
  • Page Count: 13
  • Language: English