المفهوم الأوروبي للخدمة العامة وتأثيره على المرفق العمومي في الجزائر.

Abstract

The Universal service is not considered as a simple redefinition of public service, but it has been adopted like answer to the objectives of neoliberal policy, especially opening service’s markets to the competition, and although the importance accorded by this concept to the general interest, it has prohibited all kinds of public comportments making the public service in the situation of force and dominance compared with the other corporations practicing in the same domain, it is the question which has produced a crisis about criterion of definition of public service. Notwithstanding the importance of this subject, with the exception of sectorial definitions of universal service, the European Commission has deal with this concept in its various guidelines and communications, but only in a brief way. Contrary to the European judge who played a valuable and important role in determining the contours of the public service concept through excluding on one hand the social and the national sovereignty activities from the application of the competition rules, and submitting, on the other hand, services of general economic interest to some restrictions. The latters enabled the benefit of certain exceptions in the application of those rules and subdued them to a set of regulation from the European Commission in order to reconcile the principles of competition and the tasks of general interest. Although the European Commission has tried repeatedly to frame the concept of public service, under pressure from some member countries, especially France, which considered the concept of universal service as a policy affecting the social role of public service, the necessity to adopt a directive framework on services of general interest to clarify the scope for intervention of territorial authorities in the determination of missions, the management and the financing of public services, continued up to the present date to fuel discussions of public service. Influenced by this concept, the Algerian legislator has submitted to the policy of universal service, for the first time in 2000, the sector of post and telecommunications , which was previously a public service exploited by a public administration. Then it was turned on competition on one hand, and submitted to the regulation of an independent administrative authority on the other hand, in order to develop and provide high quality services in objective and transparent conditions, without discrimination and in a competitive environment while assuring simultaneously the accomplishment of general interest tasks. As in Europe, it has not been submitted to universal service only some components of the Algerian sector. Despite the emphasis on the process of competition in communications, the Algerian legislator did not subdue the universal service of post to the procedure itself, and not only this, he also entrusted a part of this services to a single and exclusive operator that contradicts the principles and objectives of his adoption of the universal service concept, unlike the European legislator who made of such behavior a prohibited practice under 90th articles of European Community Establishment Treaty.