Abstract
First of all, it is necessary to define the basic notion of interest which plays an essential role in the area of law according to Interessen jurisprudence and the legal philosophy of Roscoe Pound. It is the task of the legislator to thoroughly analyze the interests which an adopted legal norm serves and therefore to define the values that are the basis of behavior foreseen by this legal norm, and its limits.
The judge is then obliged to loyally respect these interests when selecting an applicable legal norm. Another logical step is to define the concept of the public interest, its categories and, at the same time, its delimitation in comparison with the other interests, especially with the concept of the private interest.
Afterwards, it is necessary to clarify the constitutional foundations of competence theory of the public interest and to deal with the importance and the status of the public interest within the framework of fundamental human rights, in which the private interest and the public interest are reflected. Another task is to identify the categories, which have a similar meaning and function as the public interest, and to compare their functioning with a public interest function.
In the field of civil law, it is necessary to focus on the importance of fundamental rights, good morals, good faith and public order. In the domain of public law, it is necessary to concentrate on the task of the public administration, to respect the limits of discretion and the boundary between public and private interest.