Public corporation related to administration (France)

In France, a public corporation related to administration (EPA) is a Moral person of public Droit having a certain administrative autonomy and financial in order to fulfill a mission of general interest other than industrial and commercial, precisely defined, under the control of the State or of a territorial collectivity.

The personnel of the EPA is primarily civils servant concerning general status of the public office or agents of concerning public law particular statuses.

Legal aspect

Contrary to the public corporation related to commercial industrial or (EPIC) which is subjected to the Private law, the EPA are mainly subjected to the public Droit. This legal distinction is recognized by the French Jurisprudence. Any public service in the absence of a qualification express by a legislative text is supposed to be administrative, except if three criteria, defining a EPIC, are joined together:
  1. the object of the service: it must be a question of or a production sales volume of good, or of a performance of service.
  2. the origin of the resources. It is about a EPIC when the resources come mainly from royalties income on the users of the service.
  3. the method of organization and operation of the service (criterion of management), when its methods are close to those of a company of private law, one will lean then for the EPIC.
Certain public corporations jointly exert public service missions related to administration and public service missions related to commercial industrial and. If their principal activity is not industrial and commercial they are generally classified by jurisprudence in the category of the EPA. Nevertheless certain rules of EPIC apply to the public utilities related to commercial industrial and which they manage.

Some EPA

See too

  • Public corporation related to administration (except France)

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