| Titre | L'utilisation par l'administration des associations de la loi de 1901 | |
|---|---|---|
| Auteur | Jean-Paul Négrin | |
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Revue | Revue française d'administration publique |
| Numéro | no 3, 1977/3 Les formes nouvelles de l'administration dans la région provençale. Colloque d'Aix-en-Provence, 26 et 27 novembre 1976 | |
| Rubrique / Thématique | Deuxième partie. Le recours à des formes juridiques non traditionnelles |
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| Page | 34 pages | |
| Résumé anglais |
The administration' s use of associations formed under the law of 1901
Paradoxically, the Association as defined in the 1901 Law, which was designed to limit encroachment by the State in the economic area by making it possible to exclude it from all those activities which private individuals undertake themselves, is nowadays increasingly used by this same State as a means for extending its influence.
As a result, associations set up by private individuals have been increasingly associated with government activity, becoming as it were the privileged partners of public authorities and financed by public money.
Moreover, such associations are no longer formed solely by private individuals, but also by public corporations and government officials.
The Administration's use of the 1901 Law, which has been severely criticised, has nonetheless enabled it to achieve certain objectives more easily than would have been possible using other means.
Nonetheless, it is undeniably true that the sometimes indiscriminate use of this System can cause problems. The Administration justifies its use of such associations in two ways : firstly, because administrative action can be much more effectively undertaken through such organisations ; secondly, because it makes co-operation with other public or private partners more easy.
As far as the activities of such associations are concerned, these fall mainly under the heading of social and cultural development.
However, the use made of the Association by public bodies raises two kinds of problem.
The first of these is to decide whether such use of the Association is lawful or not.
The second concerns the control of the operations of such associations once they have been set up or made use of.
In both of these respects, it would appear that the time has come to examine the question of regulating the conditions governing the use of the 1901 Law by public bodies — which in some cases would render this unnecessary but which, in any event, would afford better protection of the interests of the public as a whole. Source : Éditeur (via Persée) |
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| Article en ligne | https://www.persee.fr/doc/rfap_0152-7401_1977_num_3_1_1236 |
