Folders of the month
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.
A working group submitted a report to the Minister of Territorial Equality and Housing on April 25, 2013 proposing reforms in urban planning litigation aimed at framing the applicants' interest in acting, preventing malicious appeals and modify the transaction regime in the event of withdrawal of recourse.
A pre-contractual injunction order relaunches the debate on the free choice of candidates who can be admitted to the negotiation and in particular the question of whether, in MAPA, negotiations can be opened with an economic operator who has submitted an inadmissible or insufficient application?
Public procurement law is a "neutral" right. This is why the principle of equal treatment of candidates plays a fundamental role in the implementation of public procurement procedures.
Can a candidate for a public contract object to the General Terms and Conditions of Sale to the contracting authority?
The general conditions of sale are defined in Article L. 441-6 of the French Commercial Code. These are pre-established documents containing stipulations drafted unilaterally by one of the candidates and whose purpose is to regulate the legal regime of the future contract.
The private-law contracts awarded by the contracting authorities pursuant to Ordinance No. 2005-649 of 6 June 2005 can now be the subject of a pre-contractual summary before the civil court in a procedure as fast and efficient as that which exists before the administrative judge.