Folders of the month
After more than a century, it is tempting to assert that the Martin jurisprudence (EC, 4 August 1905: Rec., EC 1905, pp. 749, J. Romieu) is dead and well buried. In the same vein, a slightly naive view of the state of the contentious administrative contracts would necessarily lead to welcoming the massive opening of legal remedies relevant to all third parties. However, five years after the highest administrative court opened the courtroom access of the judge of the validity of the administrative contract "to any third party" (EC, Ass., April 4, 2014, Department of Tarn-et-Garonne, Rec. ., EC, p.70, conclude B. Dacosta, AJDA, 2014, p.1035, A. Bretonneau and J. Lessi, BCJL 2014, p.316, note C. Fardet, CMP 2013, study 5, Ph. Rees, JCP G, 2014, Doc 732, P. Bourdon, RDP, 2014, P. 1175, note L. Janicot and J.-F. Lafaix, RFDA, 2014, P. 425, conclusion and note P. Delvolvé) it is up to us to take a critical look at the evolution of the litigation of third-party claimants. It is customary to say that "to know where we are going, we need to know where we come from", the study of third party access to the courtroom is obviously no exception.
The Council of State decides on the identification of a public contract tacitly terminated and on the office of the judge of appeal seized of a request for resumption of the contractual relations.
Teaching n ° 1: The behavior of the administration may be worth tacit termination of the public contract
The competence of the contracting authority to unilaterally terminate a contract is conventional (EC, Ass., 2 May 1958, Distillery of Magnac LavalLebon 246). In order to guarantee the specific features of public law, the contracting authority may terminate the execution of its contract for the future. General interest obliged, the public person must compensate his co-contractor at the risk of tainting the termination of illegality. As one of the general rules, unilateral termination nevertheless questions the respect of the binding force of the contract. In order to prevent it being dismissed too easily, the contract judge found it necessary that the termination should result from an express decision (CAA, Versailles, 18 April 2013, Getpartner International, req. No. 11VE02414).
I-The possibility of using CVs as a criterion for judging offers
Where the particular expertise of the persons performing the services provided for in the contract is of vital interest for the quality of its performance, the public purchaser may require tenderers to provide specific information concerning the professional skills or the experience of the agents they intend to assign to the performance of the contract. The public purchaser may request that these elements be substantiated by a curriculum vitae.
The procedure of the contractual summary allows to sanction the contracts which were concluded without respecting the obligations of advertising and putting in competition. Article L.551-13 of the Code of Administrative Justice (referred administrative contract) and Article L 1441-3 of the Code of Civil Procedure (referred pre-contractual judicial) specify that this remedy is possible only after the conclusion of the contract.
The persons empowered to refer the matter to the interlocutory judge are those who have an interest in concluding the contract and who may be adversely affected by breaches of the advertising and competitive bidding obligations to which these contracts are subject.
According to its classic definition, a public contract is a contract, that is, an agreement by which one or more persons bind themselves to one or more others to give, to do or not to do something, which must meet the needs of the administration for supplies, services and works.
Provision of television services, telephone and Internet access to patients of a Hospital Center: The State Council decides for the DSP
A recent decision by the Council of State on a public service delegation agreement concerning the provision of television, telephone and Internet access services to patients at a hospital center made it possible to clarify finally the legal regime of these benefits.
After a suitable procedure, an OPHLM notified a rejection letter to the candidate whose offer was not accepted on May 5 by fax and then signed the contract on May 12.
The information of the candidates who were ousted before the signature of the contracts subject to the Code des Marches Publics and the order of 6 June 2005
Consequences for local elected representatives of the law n ° 2013-907 of 11 October 2013 relating to the transparency of public life
Law No. 2013-907 of 11 October 2013 on the transparency of public life is intended to prevent conflicts of interest. Article 1 states that "members of the Government, persons holding local elective office and those entrusted with a public service mission exercise their functions with dignity, probity and integrity and ensure that they are prevented or prevented from doing so". immediately stop any conflict of interest. ".
Me Sébastien PALMIER, a public procurement lawyer, had already alerted the government about the shortcomings of the DC 2 form in an article published on February 16, 2012 on Achatpublic.com.