Considerations on the public services in the XXI century
Associate professor Cătălin-Silviu SĂRARU
The article analyzes from a comparative law perspective the notion of public
service, underlining tha t outlines the administrative framework applicable legal regime.
Public admin istration currently is defined both by its attribute of organization and
execution of the law by setting specific binding behavior and by its attribute to meet social
requirements through the provision of services under administrative law. The article
analyzes the characteristics and principles underlying public service organization in the
XXI century a nd modern public service ca tegories, underscoring the blurring of the
classical dist inction now between administrative public services, and industrial and
Keywords: public service, administrative public service, industrial and
commercial public services, outsourcing of public activities, administrative law .
JEL Classification: K23
1. The notion of public service
Larousse dictionary defines service as "occupations" (duties) of people,
"functions", "action" or "work performed in one's interest", "bodies" or subdivision
part of an overall administrative or economic"
. By "service" Kotler understands
"any action or execution that can perform a topic for another that is essentially
intangible and does not result in the transfer of ownership of a thing"
When a community needs emerged for the first time or that have been
completed before individuals, dress features a public interest needs, becoming a
social phenomenon, it is necessary to organize a public service
The term of public service is used both in sense by organization, by social
organism, as well as in functional sense, by activity carried out by this organism
Over time the concept of public service has evolved contradictory. Thus,
conventional definitions of public service highlight the legal nature of the body
providing the service and is a public person (state, local community or other public
institution). Classic definition content will vary between the wars by the conditions
imposed by the practice of public administration, namely the delimitation of the
Cătălin-Silviu Săraru – Law Department, Bucharest University of Economic Studies,
Le Petit Larousse, Paris, 1993, p. 934.
Philip Kotler, Marketing Management, Analyisis, Planning, Implementation and Control, 8th
Edition, Prentince Hall Inc., 1993.
Ion Popescu-Slăniceanu, Funcţia publică, Infodial Publishing House , Bucharest, 2000, p. 7.
Ioan Alexandru, Administraţia publică. Teorii. Realităţi. Perspective, Lumina Lex Publishing
House, Bucharest, 1999, p. 290.