Studies and comments: Aspects of the privatization of public services

• Author: Verginia Vedinas
• Position: Faculty of Law ? University of Bucharest, Member of the Romanian Court of Accounts
• Pages: 6-11

STUDIES AND COMMENTS

Aspects of the privatization of public services

Professor Ph.D. Verginia VEDINAŞ

1

Abstract

This article aims t o a nalyze the public ser vice a s a fundamental institution of the

administrative la w and changes in its legal system, with special emphasis on privatization

phenomenon in the field of public service.

There ar e critically ana lyzed weaknesses manifested in the privatization of public

services and formulates proposals for dra fting laws in the future.

The main negative aspects co nsist in how the State, through it s a uthorities,

supervises and control s (it monitors) how an individual, who was tr ansferred to the

provision of a public service, provides that public service a nd complies with the terms

privatization assumed by privatization contract commitments.

Keywords: civil service, state, private, privatization of public service monopoly,

monitoring, transfer of responsibility.

JEL Classification: K23

I. General on public services

Public service is a fundamental institution of administrative law,

representing one of the ways in which government implements its work, alongside

making law sense of the lato sensu term in execution. In fact, as recorded the

doctrine2, long time the administrative law has been defined as a "right of public

services", which in turn always and throughout means the activity that state or

the private authorized by the state are doing to meet the social needs of public

interest. Essential in determining the legal status of public services are, in our

view, three elements:

A) who performs it;

B) the purpose of that provision;

C) the principles that governs it.

1 Verginia Vedinaş, Faculty of Law – University of Bucharest, Member of t he Romanian Court of

Accounts, verginia.vedinas@rcc.ro

2 Antonie Iorgovan – Administrative Law Treaty, All Beck Publishing House, 2005, Vol. II,

p. 178-188.