204 IOANA-CRISTINA VORONIUC
of welfare that they cannot otherwise find11”. Thus, the concept of public service is
indissolubly linked to the one of public interest and can be defined as “the activity
organized or, where appropriate, authorized by a public authority for the purpose
of satisfying a legitimate public interest, carried out by an administrative authority
(administrative body) or public agent (state/private) to satisfy a general interest12”.
When the civil service elected for the citizen presents certain limits – certain
organizational and operational impediments that endanger certain material or
human values, we can speak of the involvement of the public administration’s
patrimonial liability for the limits of the public service. In France, the notion of
public service has evolved with the evolution of public administration, characterized
by two phenomena: the proliferation of public services having an economic
subject, namely industrial public services and commercial; the development of the
participation of individuals in the tasks of general interest (the management of
public services of private persons is best illustrated by the concession of public
services)13. French literature has defined the public service as the totality of the
activities of a public collectivity aimed to satisfy needs of general interest (national
defense, rail transport etc.). The various public authorities (state, local collectivities)
provide public services: France’s external relations are, for example, a public
service of the state and national, a transport service in a city is a municipal public
service. Within the French doctrine, the notion of public service was recognized in
two ways: organic or formal and a material one. Organically or formally, the civil
service was characterized as an organization, a corporation guided by administration,
and in the material way, the public service was considered as any activity that
aimed to satisfy a general interest (irrespective of the nature of the organization
exercising it)14. Often, the material and formal definition coincided, so that in the
French classic law, an activity of general interest, guaranteed by administration,
was always considered a public service.
Regarding the conditions that constitute the basis of the commitment of the
public administration authorities for the limits of the public service in our country,
we appreciate that these are represented by15:
- The existence of a public service that contains some organizational and
functional shortcomings and which contradicts certain material or human values;
- Existence of material or moral injury caused by the limits of the respective
11 Ibidem, p. 292.
12 Blan, E., Administrative Institutions, C. H. Beck Publishing, Bucharest, 2008, p. 129.
13See André de Laubadére, Jean Claude-Venezia, Yves Gaudament, Traité de droit administratif,
Volume 1, General Administration, 15th edition, L.G.D.F., 1999, p. 43.
14 Veded, G. in Rodica Narcisa Petrescu, Administrative Law, Cordial Lex Publishing, Cluj-Napoca,
2001, p. 11.
15 Botomei, V., Administrative Liability, Practical-Scientific Aspects in Comparative Plan, Vicovia
Publishing, Bacu, 2013, p. 205.