КОНВЕРГЕНЦИЯ МЕЖДУ ПРАВОТО НА ДЪРЖАВНАТА СЛУЖБА И ТРУДОВОТО ПРАВО?
CONVERGENCE BETWEEN CIVIL SERVICE LAW AND LABOR LAW?

Summary/Abstract: Even Roman lawyer Ulpian taught that public law must be distinguished from private law. While the public law – he writes – refers to rules relating to the management of public affairs (“Quod ad statutum rei Romanae spectat”), the private law concerns the interests of individuals (“Quod ad singularum utilitatem pertinet”). The distinction between public law and private law is one of the essential features of our legal framework, the true summa divisio. In fact, since the Roman era, the distinguishing criteria have evolved and refined. It is generally accepted that public law refers to the norms that organize the state, determine its actions and regulate its relations with individuals; it is characteristic of the concept of “subordination” of private persons of public authority, with the aim of guaranteeing the common interest. As far as private law is concerned, it concerns the set of rules governing relations between individuals and seeks, among other things, to strike a balance between conflicting private interests.

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