Understanding Public Service Definitions and Types

1. What Are Public Services?

Public Services refer to activities or entities, whether public or private bodies with legal personality created by constitution or law, designed to regularly and continuously satisfy certain needs of general interest. This satisfaction is achieved either directly, through delegates (dealers), or via other legal means, subject to public or private law as applicable. These services constitute public benefits intended to cover needs of community interest.

2. Classifications of Public Services

Public services are classified based on several criteria:

Essential vs. Nonessential

• Essential: These are services whose non-provision would threaten the existence of the state (e.g., police, education, health).
• Nonessential: These meet general interest needs, but their existence or non-performance would not endanger the state's existence. They are identified by exclusion from the essential category.

Permanent vs. Sporadic

• Permanent: Provided regularly and continuously to satisfy general interest needs.
• Sporadic: Involve temporary or incidental operation to satisfy a collective need temporarily.

By Origin of Management Authority

Classification based on the public authority or entity providing management:

• National: Provided by organs of National Power or the Republic.
• State/Municipal/Concurrent: Provided by each of the regional legal entities.

By Nature of Services

Services are classified as administrative or industrial and commercial:

• Industrial and Commercial Public Services: Specifically related to trade activities, either providing services to meet general interest needs or operating for profit, rather than solely meeting collective needs.

Public Services and Electives

• Mandatory (Indispensable): Marked as such by the Constitution and laws; indispensable for the life of the state.
• Electives: The legal system leaves their provision to the discretion of the competent administrative authority.

By Form of Provision

• Direct: Delivery is undertaken directly by the State (national, state, municipal, district, decentralized).
• Delegates (Dealers): The state does not assume provision directly but provides the service through delegates or other legal means.

Other Classifications

• According to the Provider: Proper or improper, or Direct and Indirect.
• According to Continuity: Whether the provision is continuous or not.