Reconstructing the Concept of Public Service in Lebanese Law on the Dual Foundations of Rights and the Will of Public Authorities: The Case of Missing Persons

Abstract

This study examines the evolution of the concept of public service in Lebanese administrative law through the case of missing and forcibly disappeared persons. It traces the transformation of the issue from a family-based and rights-oriented claim into a national public interest organized by Law No. 105/2018 as a specialized administrative public service. The study argues that the public service may be described as discretionary at the moment of its creation, while its implementation and continuity become binding legal obligations on the state once the law is enacted. It also analyzes the legal nature of the National Commission for the Missing and Forcibly Disappeared as an independent public legal person governed by a special legal regime, distinguishing it from the traditional public institution and comparing it with other independent national bodies and with independent authorities in France. The study further proposes the concepts of a “rights-based public service” and “functional decentralization with enhanced independence” as analytical tools for understanding this development. Particular attention is given to the role of independence in sustaining trust, protecting data, and ensuring the continuity of the public service, as well as to the need for a general legislative framework that secures independence, accountability, funding, and institutional cooperation while preserving the specific nature of each independent body.