Comparative European Public Service: Establishment of a Public Service Relationship in the EU Member States

Abstract

The aim of the paper is to examine, in a comparative (EU-related) context, the problem of the establishment of the public service legal relationship. Two fundamental sub-topics of this broader issue are discussed in the present research, namely the dilemmas of the “how” and “for what purpose” questions. More concretely, on the one hand, the paper shows “how” – either by appointment (unilaterally, based on public law) or by contract (based on private law, labour law) – the public service legal relationship is typically established in the public service systems of the EU Member States and how does the relative numerical (statistical) proportion of these divergent forms of employment in each system vary, and what are the current mainstream international trends in this regard. On the other hand, the paper focuses on the “for what purpose” dilemma; to be precise: on the issue whether the establishment of the public service relationship aims a life-time career or a concrete position. The paper outlines and analyses the solutions and trends that exist in the EU-Member States in the light of these two issues.