Scope and limits of homogeneity between public welfare associations and public administrative facilities

Abstract

View decades ago, the State of French found itself unable to meet the growing public needs which caused some confusion attributed to a crisis in the public service performance level. This situation led the state to seek an extension of the general administrative activity through private entities that had the same characteristics of public administrative utilities known as the public welfare associations. Indeed, these communities have been able to adapt quickly to the conditions and settings related to the administrative activity and to access and emulate all existing public administrative regulations. The manifestations of this tradition and conformity seem clear both at the formal level (internal organic organization or external structural organization), or on the substantive level (its contribution to meet the public service by functions that enjoy public power, particularly through the issuance of administrative decisions that are subject to the supervision of the administrative court) just like public administrative utilities. This situation allowed for a diminished demand for the state through a new administrative space originating from private initiatives, without costing any physical or human burdens.