Public service in France - SpeedyLook encyclopedia

In France , different public services is ensured the citizens. A public service is a Service organized in an intention of General interest and ensured:

is by public people directly;
is by private individuals, private Entreprise S or other moral persons of private law under the control and possibly with the assistance of the public authorities.

The expression public service can have two significances.

With the functional direction, it is about an activity intended to satisfy a need for general interest, presenting a special bond with a public person. This bond can hold with the creation of the activity, its operation or its control, which are influenced in a determining way by a public person. With the organic direction, it is about the legal person who is in charge of the management of this activity.

The question of the public services represents an policy issue and economic important. The Public sector has an unquestionable weight in the nation's economy, as well by the people as it employs (in particular in the public office), by its expenditure, but also by the Taxes and social security deduction which it makes necessary. Consequently, the electoral debates are the occasion to wonder on the public services, their role, on their need, their effectiveness…

In addition, the economic liberalization of the Years 1990 and the European construction amplified the tendency more not to necessarily ensure the public lines of business by means of the public people, using a personnel of public agents and a public property, but to entrust them to individuals.

General characteristics

Economic weight

August 1st The public services have an important place in the economy. By entering all the administration S Financed S by the Taxes and social security deduction, one counts 5,7 million agents of the public office.

Political importance

August 1st

Methods of management

The public services can be managed according to various methods:

Governed direct: a public service known as in direct control, or is exploited in control, when a public person undertakes to manage itself, with its risks and dangers, by engaging the funds, the means and the personnel necessary.

It is the operating process of the traditional public services of State. He is opposed to the Public service delegation very much used by the local government agencies.

Governed interested: Management is entrusted to a manager who is interested in the turnover according to the conditions of a contract. The administration supports in theory, the risks of the exploitation.
Leasing: management is ensured by a farmer who engages only the working capital.
Concession: it is a management style of the public services by which a community, it conceding, load by convention, an individual or a moral person of private law, the dealer, to make function a public service. The dealer is remunerated by means of royalties income on the users n the other hand, it accepts the expenses and the risks of this management.
Public corporation: industrialist and commercial (EPIC: the SNCF or EDF before its change of status in 2004)) or administrative (EPA: IGN). The public corporation is an administrative organization equipped with the legal entity, specialized in the management of a given public service and having prerogatives of public power.
Company of mixed economy: the extensions of the activities of the State involves this one to intervene in all the domaines.
In order not to weigh down its operation by the nationalizations or nationalizations, the State takes part in many managements while intervening financially. The most used method is that of the Société of mixed economy: i.e. a public limit company profiting from a financial participation of the State (if necessary of an area, a department or a commune).
national companies: they are public limit companies of which all the capital belongs to one or more people of public law
in the event of urgency, Réquisition,
other derogatory modes even irregular: convention with an association subsidized selected without invitation to tender, etc

Legal elements of the public service

Several public service types are defined by the Loi, which determines the general characters of them. However, the Executive power is largely qualified for the organization of the public services.

One traditionally distinguishes the administrative public services entirely subjected to the public Droit, and the industrial and commercial public services subjected to a mixed mode.

Various public services in France

Main categories of public services

In France, the public lines of business can be classified in three categories:

kingly Functions: they are the functions of Souveraineté of the State. They are entirely financed by the tax and are ensured by public administrations:

Justice
Police force
National defense
Public finances (Treasure, currencies, taxes)
general and local Administration.

noncommercial Sector: they are services, essentially free, financed mainly by the tax (or obligatory contributions). The establishments concern the administrative law, but these services associate also private organizations (under contract) and of associations.

Teaching;
Health (hospital services);
Social security (individuals under supervision);
Social security;
Culture (museums, theaters, houses of young people…)
Cleansing.

Commercial sector: they are services financed mainly by an marketing activity, but which are regarded as front being under control of the community. The public corporations, known as industrial and commercial, concern at the same time the administrative law and the commercial law.

Transport: urban transport, regional rail-bound transports (FOR THE THIRD TIME), school bus service;
Energy: distribution of gas and electricity;
Drinking water;
Postal services;
Telecommunications: telephone, broadcasting.

Health, social

The system of Santé as one conceives it in France is not the standard in many countries, even very developed. With the the United Kingdom, for example, in fact private insurances fulfill the mission of the Health insurance or the Old-age insurance.

The French system comprises two aspects: first milked with the financing of the services of health, the second relates to the realization of these services with the actors of the health system.

The financing of the services of health is ensured by the social security offices. The main thing of these modes, known as “general scheme”, is that of the employed persons. The institution manager of this mode is the National bank of health insurance of the employed persons (CNAMTS). Other modes, called “Special diets”, mutualisent the risk “health” for specific socioprofessional categories (e.g.: civils servant, craftsmen, liberal professions, farmers, students). People concerned with no mode of health insurance (e.g.: foreigners, without fixed residence) can profit from the Couverture universal disease (CMU) or from the Medical assistance of State.

The realization of the services of health is ensured by health professionals exerting on a purely liberal basis (e.g.: doctors, dentists, midwives, ancillary medical) like by institutions (medico-social health care institutions, establishments and social services and). The activity of the ones and others is financed mainly by the funds resulting from the social security, which in return subjects them to particular rules:

the health professionals can perceive funds of the social security only in condition of having been officially agreed by it under the conditions envisaged by the Code of the social security and according to the terms of the conventions negotiated regularly by it with the professional organizations representative of each profession;
the institutions are subjected to a mode of administrative authorization, control, supervision and tariffing which conditions the attribution of the ressouces which are necessary for them.

The financeurs and the actors of health are in charge of the implementation of a public Health policy whose contents result lastly from law 2004-806 of August 9th, 2004. This comprehensive policy is declined in two topics:

on the one hand, the medical interventions which imply the health professionals and the health care institutions (public hospitals, clnic private), from the point of view of prevention and care;
in addition, the social and medico-social interventions which imply the medico-social establishments and social services and from the point of view of reception and accompaniment of the people in situation of handicap, dependence (elderly) or social exclusion.

Concerning the sanitary institutions (health care institutions within the meaning of the Public health code), their participation in the hospital Public service depends on the following criteria:

if it is about public health care institutions (regional hospitals, general hospitals, local hospitals, military hospitals), they belong of office to the hospital public service whose missions are defined in Public health code;
if they are private health care institutions (clinical), their participation in the hospital public service (PSPH) is subordinated to the implementation of various legal techniques according to whether the Administration or private establishment on the initiative of this participation (insertion by lawful way, concession contract, contract of association). The private health care institutions which do not profit from any of these legal forms are famous not to belong to the public service.

Concerning the medico-social establishments and social services and within the meaning of the article L. 312-1 of the Code of the social action and the families (CASF), it goes from there differently. Taking into account the importance of the prerogatives exerted on these establishments and services by the prefects of department (departmental managements of the sanitary affairs and social or DDASS) as regards authorization, of monitoring, control, supervision and tariffing, as of their opening then throughout their activity, they are necessarily related to the Administration by an administrative mandate which replaces the traditional forms of the delegation and the concession of public service. As for their missions, they are necessarily of general interest as could raise it the most attentive observers.

This distinction of the modes of membership of the public service of the health care institutions and the establishments and services socaux and medico-social is of importance. Indeed, so in the health sector the public hospitals are numerous, on the other hand in the social sector and medico-social the private actors are majority. On average, associations gather 60% of accommodated manpower; they play a key function in the sector of the handicap where they have the load of almost 90% of the places; in the sector of the elderly, they account for 33% of the places, the public old people's homes 37% and private establishments with lucrative goal approximately 30%.

Trade, right

August 1st

Safety

August 1st

French Army
National police force in France
Municipal police depend on the municipalities
Firemen

Stations and electronic communications

The public service of postal and telecommunications authorities was divided into two distinct entities in the Années 1970, because of their least complementarity compared to the past. Thereafter, following the law of July 2nd 1990, the administration of the postal and telecommunications authorities was replaced by two autonomous establishments of public law (EADP), La Poste and France Telecom, under the supervision of the ministry for industry.

Fifteen years later:

La Poste is from now on in Concurrence on its three trades: the transport of the parcel Freight, mail and the bank. Its long-term future imposed and imposes always important efforts of rationalization in a difficult social context.

closings of post offices which result from this, make fear serious consequences in particular in rural medium.
the public service of the post office fits in the postal Universal service defined by the European Union.

France Telecom having been partially Privatisé E put an end to partnerships of research with Université S. the State not being more the only holder, one speaks about private company with partially public Capital and either about state enterprise.

In the long term, it is expected that the State disengages this company completely.
France Telecom is put gradually in competition with French and foreign communications companies.

This reform of scale, aiming at opening these services with the competition and defined by the authorities of European Union, was done without too many social clashes.

the two state enterprises always employ collaborators depending on two statutes. The civils servant (with the Post office, 63% of manpower in 2006) could choose between the maintenance on their old rank and the evolution towards a new classification of the stations (the great majority chose this last solution). The proportion of the employees believes overall in manpower (2004: 33.7%,2005: 39.2%,2006: 37.08%).

The policy RH of the Post office tends to a bringing together of the methods of management of the two groups of collaborators as regards selection, promotion and remuneration.

Teaching and research

Primary and secondary education

In France, the education system arose essentially from the competence of the Minister for State education. There are however certain educational establishments which depend on other ministries, and it is in particular the case for the agricultural training.

There exist public corporations as well as private establishments. The existence of these two types of teaching goes back to the laws Guizot (1833) and Falloux (1850), the justification being in particular of a denominational nature .

The policy of the State with regard to the private education is the following one since the law Debré (1959):

For private establishments under contract, the State deals with what is imposed by the official programs, and in particular remunerations of the professors of the disciplines registered with the program.

For the establishments under simple contract, the teachers, although remunerated by the State, is personnel of private law, having a work contract with their private establishment.
For the establishments under contract of association, the professors are either of the civils servant (permanent teacher of public education, very few), or of the contractual professors (by far, most). The latter are subjected to the same requirements of diplomas as their counterparts of public education (the contests are however distinct), and remunerated by the State according to same the indicial grids. On the other hand, their retirements depend on the general scheme and complementary pension funds, which induces a difference as well in the net payment (stronger contribution rate) as in the rights to retirement (retirement usually weaker), the total which can be equivalent to several years of remuneration for the professor.

Remains with the load of the private school:

activities not registered with the school program (for example horsemanship, pottery, basket making, dramatic art…)
possible denominational activities
the boarding school if there is a
of it part of the personnel expenditure, that the fixed price of externat (versed contribution contractual local government agencies) is not always enough to cover
the maintenance of the buildings (the establishments often touch subsidies for this budget heading, but which remains very limited taking into consideration need)

It exists also establishments except contracts (not very many) with purely private financing.

Some show sometimes the State “to make pay the parents twice”: it takes taxes (the first budget heading of the State is that of the State education) without in addition financing the totality of the corresponding expenses of education.

Higher education and research

The Loi Savary of 1984 establishes a “public service of higher education”. This public service includes/understands teaching and research, but also scientific information circulation, or the orientation of the students. It is ensured by the universities and the other public corporations of higher education.

In France, the public research is ensured by three types of structures, the foundations, the Universities and the research centres such as INRA, CNRS, IFREMER or INSERM. More and more, these structures for their financing must tie partnerships with private actors.

Another public funding source of research is made via the armed . This one finances research not inevitably related to the development of Arme lies, which is even truer with the the United States.

Public service of water

Transport, industry

EDF and Gaz de France (in France) (were EPIC, in August 2004 they were transformed into public limit companies, the activities of distribution are in the process of subsidiarization.
RTE (Grid system of electricity) which is a subsidiary company of EDF since September 2005.
the SNCF (in France) (it is a EPIC) which is put in Concurrence since March 2003 only on the transport of freight.
Rail network of France (RF) (it is a EPIC)

In the case of the networks, whose construction, maintenance and modernization are ensured by public companies, organic separation between the management of the networks itself on the one hand, and that of the related services to these networks on the other hand (example in France of EDF/RTE or the SNCF/RF) answers the model promoted by the European Union and tends to be spread. It is a question of separating the activities concerned with a natural Monopole (the network) from the activities where competition is possible to organize (services). For holding of the model of the integrated company, these scissions harm the effectiveness (costs of coordination, of negotiations, legal battle, creation of a supplier ratio/customer, loss of relation with the user, less optimal use of the network) and quality of service. Countries reconsider behind these policies vis-a-vis the rencontés problems (example of the rail in New Zealand). Their adversaries answer that these problem existed front, but the bureaucratic mode of decision which masked them would have in more the disadvantage of being ineffective. Moreover the installation of a supplier ratio/customer would make it possible to better take into account waitings of the users/customers. It is possible that this type of progressive Privatization is softer to make accept (because more masked) and to manage.

Civil aviation - the service of management of the air traffic, the application of a European regulation will involve its privatization, technologies onboard computing would compensate this reduction in service partly.
Weather-France

Radio and television

Radio

group Radio France
RFI (Radio France Internationale)

Television

Culture, sports and leisures

Culture

There also exists in France of the public services with cultural vocation. Some are educational establishments, in particular for the music. Others aim the diffusion of artistic works rather, with the theaters and public operas. Others finally ensure at the same time of the missions of conservation, presentation and provision of oeuves, like the museums, the services of files and the Bibliothèque S.

Sport and leisures

See also: Organization of the sport in France

The sporting federations can profit from a delegation, which makes them take part in the public service of the sport. The local government agencies can also ensure management and the provision of sports equipment.

Equipment of Loisirs can be public services, like the municipal Camping S.

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