00:00In this case, a local social security fund contested the application of a decree prohibiting the accumulation of certain
00:05public sector jobs.
00:06She argued that, as a private law body, its agents could not be subject to this regulation.
00:12The Council of State rejects the request and affirms that the social insurance service constitutes a genuine public service.
00:18Therefore, even if its management is entrusted to a private legal entity,
00:22The agents of this fund may be subject to the rules applicable to bodies responsible for a public service mission.
00:28In scope, this ruling is a major decision in administrative law.
00:31For the first time, the Council of State clearly recognizes that a private individual can be entrusted with the management
00:36of a public service
00:37without it being necessary for it to act within the framework of a concession or a contract with the
00:41'administration.
00:42They are thus breaking the traditional association between public service and public entity.
00:46The ruling paves the way for extensive case law concerning private bodies entrusted with a public service mission.
00:52such as social security funds, sports federations or professional bodies.
00:57They constitute one of the foundations of the modern theory of public service managed by a private entity.
01:02This solution will later be clarified by the NARCI and APREI rulings.
01:06which will define the criteria for identifying a public service mission entrusted to a private entity.
01:11The key principle to remember is that a private individual can be entrusted with the management of a public service.
01:16and be subject to certain rules of public law for this mission.
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