الطبيعة القانونية للجمعيات ذات النفع العام مقارنة مع المرفق العام الإداري

الملخص EN

The public interest associations were able to quickly adapt to the public environment and imitate all the characteristics of administrative facilities.

Despite their modernity and their economic weakness, the features of this homogeneity extended to keep pace with the current developments that public utilities witnessed at the internal level, that is, at the level of organic organization (including the principles and rules related to the division of burdens and the generalization of presidential control).

This is added to keeping abreast of developments in facilities at the external structural level, especially in terms of the scope and adaptation of the external administrative control necessary for the unity of the administrative work.

Perhaps the extension of these developments to the fundamental principles upon which the public utility has been based for a long time has put to the test all the traditional criteria for separating public and private bodies.

There are a number of reasons for this: first, authorizing public interet associations to exercise functions targeting the public interest; second strengthening them with the privileges of the public authority, and finally subjecting them to the supervision of the administrative judge because of the administrative adaptation of its decisions.

Despite their special nature, all these developments ended the prosperous era of the organic standard in the field of administrative law.