Jaime Rodrìquez-Arana Muñoz, Servicio publico y derecho comunitario


1. Introduccion. 

2. Servicio publico y derecho administrativo constitucional. 

3. El servicio publico en la historia. 

4. Servicio publico y derecho comunitario europeo.


The article focuses on the concept of public service. Based on the assumption that public service is the cornerstone of contemporary Administrative Law, the author describes the evolution of this concept among the most prominent legal scholars in this area by emphasizing the underlying dichotomy with the theoretics of public liberties and fundamental rights. Such a relationship is therefore analyzed in light of legal principles of constitutional law, and recent developments in Welfare systems both at the theoretical and institutional context. They show a misleading conception of public service as a purpose in itself rather than being seen as a mean to pursue specific constitutional values, which reflects the static distinction between “services of general interest” and “services of economic general interest” in EU Administrative Law. In this regard, the author argues that current conceptual frameworks revealed unsatisfactory regarding the need to achieve dynamic social performances, and thus calls for restructuring the very notion of public service.