Regulation of Public Service in European Countries

Project Report , 2007 , 14 Pages

Law - European and International Law, Intellectual Properties

Public service both national and local in Europe is characterised by a great diversity and specificity . The institution of public service itself exists in all European countries, but the regulation differs considerably. This is due to several factors which are, among others, the structure of the State, conception of the notion of general interest, impact of decentralisation movements and cultural pluralism of local authorities. The regulation depends mainly on the weighting of the public law governed career system and the civil law governed employment system of public service. Most of the European countries have chosen a hybrid model. Thus, the field of law regulating the personnel of the public service is a mixture of public and civil law.
Three systems of regulation of public service can be observed across Europe, depending on the amount of implication of public law in the public service sector: the employment system (I.), the career system (II.) and hybrid systems (III.). It has to be stated though, that the realisation of pure systems do not exist and that every system is more or less hybrid.

Regulation of Public Service in European Countries

A. General Outline: Public Service Systems in Europe in Comparative Analysis
I. Employment System
II. Career System
III. Hybrid System

B. Regulation of Public Service in Germany and France
I. System of Legislation on the Matters of Municipal Service in Germany
1. German Civil Servant Law in the Legal System
a.) Legislative Competences
b) Legal Sources of Civil Servant Law
aa) Constitutional Provisions
(1) Article 33 para. 2 GG
(2) Article 33 para. 3 GG
(3) Article 33 para. 4 and para. 5 GG
bb) Legal Acts, Statutory Instruments and Administrative Regulations
2. Differences to the Regulation of Other Members of Public Service
II. System of Legislation on the Matters of Municipal Service in France
1. The Local Administration of the Communes
2. The French Concept of Public Services
a) The Notion of Public Service
aa) Definition
bb) The Principles of Public Services
(1) Continuity of the Service
(2) Adaptation of the Service
(3) Equality
b) Classification
aa) The Administrative Public Services (SPA)
bb) The Industrial and Commercial public Services (SPIC)
3. Legal Sources of Public Service Law

• Author: Wolfgang Tiede (Author)
• Publication Year: 2007
• Pages: 14
• Catalog Number: V169724
• ISBN (eBook): 9783640881109
• ISBN (Book): 9783640881291
• Language: English
• Tags: regulation, public, service, european, countries