Configurarea ideologică a noţiunii de "domeniu public" în jurisprudenţa instanţelor franceze de contencios administrativ

Conf. univ. dr. Cristian CLIPA

Universitatea de Vest din Timişoara, Facultatea de Drept

Public Property Ideology within the Case-law of French Administrative Courts

Abstract

Configuring the ideology of public property was one of the major concerns of French administrative case-law, and especially of that generated by the Conseil d’Etat. Referring to the criterion of asset assignment to public use or to the provision of public services, the French Conseil d’Etat and, following its case-law, several administrative courts of appeal have configured a veritable "ideology of public property and state ownership", within which several categories or species of public property found their place: potential public property; public property by anticipation; public property by accessory; global public property; public property by contagion.

Keywords: public use; public service; assign;...