European Comparative Public Service. The Subjects of the Public Service Legal Relationship in the Member States of the European Union

Abstract

The study examines the subjects of the public service legal relationship in the Member States of the European Union and aims to present the main trends regarding the different conceptions regarding the subjects of these legal relationships. The study is built upon a functional approach of the public service, and it focuses on those legal relationships that aim at fulfilling public authority functions and public services. It also focuses on the question whether comparison between legal systems supports the general need of a “state’s employer status”. The study concludes that there are significant differences regarding the subjects of public service in the Member States. There is no general rule of application of public law appointment or employment contract as a basis of the public service legal relationships. However, differentiation alone does not deny that state employer may strengthen the stability of the public service employment relationships and can facilitate the “transfer” between them.