Evoluția conceptului de serviciu public de la accepțiunea funcțională la accepțiunea structurală
The Phenomenon of Radicalization - Threat and Challenge for The Space of The European Union

Author(s): Mihai-Ciprian Bobocică
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Universul Juridic
Keywords: : Public Service; Activity; Structural Meaning;
Summary/Abstract: The article aims to bring up to date the issue of the succinct definition of the concept of public service in Romanian law by reference to European Union law. The adoption of the Administrative Code in 2019 is well known and salutary, but still the legal norm, in our opinion, needs major improvements in terms of creating a definition of the concept of public service that covers both meanings. Through the legal definition of the concept of public service, the Administrative Code refers only to the functional meaning, that of activity of the concept of public service. The structural acceptance of this concept, which considers the support structure through which the activity is provided to the local community, is omitted from the newly created normative framework. A modern administrative Code, as the newly adopted legal norm wants to be, must include an up-to-date definition of the concept of public service. This concept currently requires a double vision, both from the perspective of European Union law and from the perspective of the diversification of public services provided by the state within local communities. Although, in the Treaty on the functioning of the European Union there is no definition of the concept of public service, it talks about services of general economic interest and non-economic services of general interest. The study aims to demonstrate that, in the Administrative Code, the concept of public service should be defined both from the perspective of the functional understanding and from the perspective of the structural understanding of this concept. This double vision of the concept of public service is consistent with the evolution of the concept viewed by reference both to the last category of services mentioned in the treaty, that relating to services of a non-economic nature of general interest, but also to the public broadcasting service, addressed in the document, as well as the notion of public service taken over and used in the Romanian Constitution.

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