Law and Morality: Is a Relationship Truly Necessary?

Abstract

Abstract
At the very beginning, the public services were only state conceived. A lot of great authors like Dugüit and the Bordeaux School attributed the State, the exclusive possibility of provide or dispose of them, in the way it prefers to reach the social aspirations it has. Nevertheless, this concept had many irregularities and couldn’t keep consistence because of flaws on its conceptual nature and the contraposition with a globalized reality, filled with economic, politics, geographies interests, etc. Many States have searched for a solution to be able to provide public services sustainably and reach all the social purposes, without harming the citizens or leaving them at mercy of the private sector. Between all the States, on a collective or an individual way, the solutions they found seemed to not be the right ones, until de European Union achieved consolidate a revolutionary conception under the concepts of general interest and the relegation of the State to a different role that the one that was conceived for it at the beginning of this topic. This paper, expects to describe in a short and correct way, the juridical institutions that the European Union has implemented, because of its new public services conception and the consequences it has for the State, the private sector and concepts just as general interest on a supranational organization fundament by the principles of its Constitutive Treaty, that completely destroy the national character of the public services.

Key Words: Public services, European Union, Dugüit, General Interest, Privatization