Noţiunea de interes public, între definiţii juridice şi speculaţii economice
cristian.clipa[at]e-uvt.ro
Cuvinte cheie:
public administration, public interest, public service, legislative body, competition, monopoly, freedom of trade, factors of production, bureaucracy, entrepreneurial freedom, state intervention, regulation, constitutional litigations, socialism, property, privatization, nationalization, normative act, individual actRezumat
The analysis of the legal notion of “public interest” in relation to the notions of economic sciences is – especially for a jurist! – a difficult, as well as risky, approach. Such a project compels the one who assumes it to comprehend the laws governing the relations of the State with its own economy, to be aware of the relations between the private and the public enterprises and of the significance of the rules called upon to govern the relations of the private property with the public property, in the wider context in which one of the two is subjected to an entrepreneurial activity. From our point of view, the neuralgic point of such an analysis is represented by the phenomenon of socializing the private property, in the public interest. Taking on the debts accumulated by large private corporations, the establishment of public enterprises, the direct administration of public services, by the State, the adoption of regulations able to restrict the power of the large corporations, to fragment them or to maintain a fair and balanced relationship between privatization and nationalization are only some of the mechanisms that States can use to control or influence the economic game, in connection to the idea of defending or promoting the public interest.
