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.

Inhaltsverzeichnis (Table of Contents)

• 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
      • 3.
        • 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)
      • Legal Sources of Public Service Law

  Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

  This document aims to provide an overview of the regulation of public service in European countries, with a focus on Germany and France. It examines the diverse systems of public service regulation across Europe, highlighting the differences in legal frameworks and the impact of factors such as state structure, decentralisation movements, and cultural pluralism. The document explores the interplay between public law and civil law in regulating public service personnel, particularly in hybrid systems.

  • Comparative analysis of public service systems in Europe
  • Regulation of public service in Germany and France
  • The role of public law and civil law in public service regulation
  • The impact of decentralisation and cultural pluralism on public service systems
  • The concept of general interest and its influence on public service regulation

  Zusammenfassung der Kapitel (Chapter Summaries)

  The document begins with a general outline of public service systems in Europe. It highlights the diversity and specificity of public service regulation across the continent, attributing these differences to factors such as state structure, decentralisation movements, and cultural pluralism. The document then introduces three main systems of public service regulation: the employment system, the career system, and hybrid systems. It clarifies that pure systems are rarely found in practice, and that most systems are hybrid.

  The document then delves into the regulation of public service in Germany and France. For Germany, it examines the system of legislation on municipal service, focusing on German Civil Servant Law. It explores the legal sources of this law, including constitutional provisions and statutory instruments. The document also outlines the differences between the regulation of civil servants and other members of public service.

  For France, the document examines the system of legislation on municipal service, focusing on the French Concept of Public Services. It defines the notion of public service and outlines its principles, including continuity, adaptation, and equality. The document then explores the classification of public services into administrative public services (SPA) and industrial and commercial public services (SPIC).

  Schlüsselwörter (Keywords)

  This document focuses on the regulation of public service in Europe, with particular attention to Germany and France. Key terms and concepts include: public service systems, employment system, career system, hybrid systems, public law, civil law, decentralisation, cultural pluralism, general interest, civil servant law, administrative public services (SPA), industrial and commercial public services (SPIC), and the French Concept of Public Services.

• 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