Dissertations / Theses on the topic 'Marchés publics – Droit européen – Environnement'
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Charouli, Angeliki. "Les considérations sociales et environnementales dans la passation des marchés publics." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010259.
Full textCharouli, Angeliki. "Les considérations sociales et environnementales dans la passation des marchés publics." Electronic Thesis or Diss., Paris 1, 2013. http://www.theses.fr/2013PA010257.
Full textAs a fundamental driving force of public economy, public procurement has traditionally been an area of diverse and often competing interests. Such contradictory interests are the efficiency of budgetary management and transparency in public life within national legal systems, free competition and open access of financial stakeholders in award procedures within the European regulatory framework. At the same time, the instrumentalisation of public procurement in order to serve political goals not directly linked to it has triggered considerable debate. The attempt of conciliation of social and environmental considerations with the financial requirements of public procurement law aims at enhancing this legal and financial instrument. The role and the legal means for the integration of social and environmental considerations in public procurement, which serve general interest purposes and overriding European law objectives, have not yet been clarified. The regulatory interventions of the Member States, on the one hand, and the harmonization attempts of the European Union, on the other, create a constantly changing political climate. In that context, the role of social and environmental policies is redefined both within the framework of primary objectives of public procurement law, as well as outside this regulatory framework which is used as a policy tool in this context
Lallemant-Bif, Lydie. "Les marches publics : transparence et atteintes." Reims, 1999. http://www.theses.fr/1999REIMD006.
Full textDoes the multiplication of the laws in the 1990's made transparency in the +public market;? the influency or the common market law on the national law is real: this one is the result or the conciliation between civil law and common law and it is" now useful to proceed to comparative studies. National and common market procedures about advertising and information, with concurrent result are complicated and often transgressed, and fraud at this moment, can't be avoided. Controls are in fact unefiective even powers in charge of chek them were multiplicated. Certain exemples show that a accusatory movement of the unlawful practice seems beginning and that inertia on the controls can lead to a renunciation of the + right state ;. We can now establish a typology of the fraud method thanks to the activity report study of the +mission interministerielle d'enquete sur les marches; (miem) but also of the new jurisprudence (precedents in common law)) about favoritism tort on + public market;. We can deduce from this analysis that a criminal law on + public market >; wasn't the most appropriate in this field wich need a quick intervention with sanction. It would be more convenient to set the + miem ; as an independant administrative authority because the use of administrative sanction had made proof on economical field. In reality, transparency is a failure because it hurts habits wich willn't be modified without time
Cabanes, Arnaud. "La notion communautaire de marches publics." Paris 5, 1996. http://www.theses.fr/1996PA05D010.
Full textThe eu notion of public procurement has its roots in each member state's national law and especially the french public procurement law. This national inspiration, though, is subject to numerous restrictions. Indeed, the eu notion retains the french terminilogy but its targets are different. Its aim is not to protect the use of public money from corruption and abuse, but to submit public procurement to competition law. Therefore, under the influence of eu law, the notion of public procurement is expanding and there is a new category of administrative contracts : the contracts concluded under a dominant public influence. A unified definition of public procurement in eu law can be given and is different to the french definition. The eu notion has been defined in order to comply with the wish to increase european firms' international competitivity and economic growth. The complexity of the eu notion must not be a source of confusion and on the contrary has to avert confusion
Vigroux, Muriel. "L'accord international sur les marchés publics et l'ordre juridique communautaire." Toulouse 1, 1998. http://www.theses.fr/1998TOU10057.
Full textThe international agreement on government procurement (A. G. P. ) is a plurilateral agreement concluded in April 1994 under the auspices of W. T. O. European community and each member states are parties to this agreement. Its purpose is to create a free market, opened to international competition, in the field of public procurement for goods, works and services, and define in that way a serie of rules. Integration of the A. G. P. Into E. C. Legal order has raised legal problems relating to its coexistence with directive 93/38 concerning purchasing in the field of water, energy, transports and telecommunications. This directive applies especially to contracts concluded in the mentioned sectors by public and private undertakings holding exclusive or special rights, and its rules are adapted to the industrial and commercial activity of these entities. On the opposite, the A. G. P. Sets a legal regime for public procurement applied without distinction to public authorities (govememental or federal and local ones) and only public undertakings. Consequently, a normative conflict exists between the two norms which should have been resolved by the integration technics (direct effect or execution) of international law in the E. C. Legal order. The European institutions' choice for agreement execution instead of direct effect results as well as a legal analysis than an economic opportunity. Its emphasizes, in the same time, the confusion of international negotiation in this field regarding the purported objective, and the attempt to preserve ex post the specificity of the community law regime. On this last aspect, even agreement execution is reduced to the maximum. Last but not least, the debate at E. C. Level is not without any consequences on the A. G. P. Integration within the national legal orders, depending both on its character of mixed agreement and on E. C. Implementation already into effect
Peerbux, Beaugendre Zoobiah. "La Notion de marché public en droit administratif et l'influence communautaire." Amiens, 2003. http://www.theses.fr/2003AMIE0051.
Full textPublic procurement contracts are not easily defined because of their complexity. However, the "Code des marchés publics" gives a definition in its article one. The definition, which sums up the work of the doctrine and of the "Conseil d'Etat", is based on différent elements. Public procurement contrats are quite close to contrats such as the "convention de délégation de service public" or the "vente en l'état de futur achèvement" or the, "bail emphytéotique", but do not belong to the same category of contrats. This work tries to show why those contracts are not concerned by the public procurement regulations. The system of rule introduced at the european Community level to enable contractors in the Member States to compete on an equal footing with domestic contractors for public contracts across the Community has had an important impact on the French definition of public procurement contrats. That impact is studied in the second part of this thesis
Pourcel, Éric. "Transparence et passation des marchés de travaux et de fournitures." Bordeaux 1, 1995. http://www.theses.fr/1995BOR1D003.
Full textPourcel, Éric. "Transparence et passation des marchés de travaux et de fournitures." Bordeaux 1, 1995. http://www.theses.fr/1995BOR40003.
Full textDirickx, Nicolas. "L'influence du droit communautaire des marchés publics sur les éléments de définition du marché public en France." Angers, 2005. http://www.theses.fr/2005ANGE0014.
Full textThe french public contract's law concerns of more 200 years of tradition. The advent of the Community system will upset this state of the law. Its economic philosophy, its principles, the interest of these contracts in the field of the exchanges transborder within the geographical surface European Union, their pecuniary value resulted in regulating the public order at community level by the drafting of the public contract's directives gone. These texts exceeded their simple vocation to define a result to reach. They worked out a true regulation which redefines the concept, imposes a mode of making and a mode contentious, the whole under the aegis of the principles of non-discrimination, transparency, equality and competition. The Community legislation of the public order is not limited to these texts, it is necessary to include there, the principles of the Treaties, the decisions of the Court and the opinions of the Commission. The national law had to integrate this whole under penalty of sanction, obliging it to reform itself to be " euro-compatible ". Today, one can wonder about this influence, and determine what the French right of the public order kept its 200 years of traditions. This study attempts to examine and compare the European and national regulation through components and distinctive of the concept of public contracts, its procedures and its dispute, showing the preponderance of the European right on our national law
De, Grove-Valdeyron Nathalie. "Les procédures de passation des marchés et le contrôle de l'application des règles communautaires dans les secteurs de l'eau, de l'énergie, des transports et des télécommunications." Toulouse 1, 1994. http://www.theses.fr/1993TOU10031.
Full textThe aim of the dissertation is the study of market procurement procedures in the water, energy, transport and telecommunication sectors, which sectors have been excluded from the community regulations of public procurement market until the September 17th,1990 ,90 531 directive, and this because of the heterogeneous character of the adjudicating entities concerned and because of the existence of privileged links with public powers. The first part analyses the content of the new regulations and the legal, national (in Belgium, France, Germany, Netherlands and Spain) and community background. In the second part, the study examines the enforcement of the community regulations for the above mentioned sectors as it results from general and specific mechanisms
Galli, Adeline. "Droit communautaire et marchés publics des collectivités locales (le cas de la France)." Nice, 1997. http://www.theses.fr/1997NICE0049.
Full textM'Bra, Bégnara. "Les marchés publics financés par des fonds de l’union européenne." Caen, 2014. http://www.theses.fr/2014CAEN0002.
Full textThe objective of this study is to highlight the financing and payment of public procurement by funds from European Union (EU) in the framework of cooperation with third countries, as well as the legal regime applicable to public procurement. External assistance actions are funding through two separate instruments of EU: the general budget of the European Union (the budget) and the European Development Fund (EDF). Payment of procurement resulting from the implementation of cooperation programs and projects is executed by European Commission in accordance with the financial rules of the European Union. The legal regime applicable to contracts financed by the budget or the EDF varieS depending on their system of management. This study focuses particularly on contracts awarded by the European Commission under direct management and those concluded by the beneficiary countries under indirect management. In these modes of management, procurement escapes the national rights of the beneficiary countries and is subject to EU rules. Thus, markets are open to international competition and procedures for procurement are subject to the principles of equal treatment of domestic and foreign bidders, non-discrimination, transparency and good financial management. The question of the rules applicable to these contracts themselves raises two fundamental questions : the question of the law applicable to contracts and that of juges that have the power to settle the dispute. A special feature of contracts concluded by beneficiary States in indirect management is that they allow the use of arbitration in case of dispute
Chavarochette-Boufferet, Séverine. "L' interprétation des directives de l'Union sur les marchés publics par la Cour de justice." Paris 1, 2013. http://www.theses.fr/2013PA010258.
Full textDavid, Anca Hélène. "L'évolution du droit de l'environnement de l'Union européenne : un outil de mise en place de l'économie verte et circulaire." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCB177.
Full textThe evolution of the European Union environmental law has led to the development of a new goal that aims to promote eco-innovation and green business models, in order to create a green and circular economy. This new goal had consequences on its form and content. The form of the European Union environmental law is dominated by framework directives and presents increased flexibility, while its content integrates new business models, particularly the circular business model. Furthermore, the transition to a green economy has an impact on how Member States transpose the European Union environmental law. The transposition process has become a vector of commercializing eco-innovation on the European market, and brings together new stakeholders in the decision-making process, namely: green companies, research and innovation laboratories, clusters, digital companies or business angels
Irimia, Florin. "Le contentieux précontractuel des marchés publics en France et en Roumanie." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020077.
Full textThe precontractual disputes within the public procurement procedures in France and Romania represents a comparative study whose object is to synthetically and pragmatically analyse the national French and Romanian mechanisms aimed to ensure the protection of the economic operators against the eventual infringements of the transparency and competition principles. The comparison between the two legislative frameworks is initiated by the presentation of the European law of the disputes within the public procurement procedures, which significantly influenced the national legal systems. This influence shall be the study’s central point, which shall facilitate an indirect comparison between the French and Romanian law that have both similarly and differently reacted to the priority of the European law.Thus, based on its powerful historical tradition in the field of the disputes of the public procurement law, France was more reluctant to integrate the European rules and had to admit some compromise which had sensibly disturbed its tradition, especially with respect to the powers of the judge.The Romanian legal system, younger and less pegged in the traditional rules, was more opened to the attractions of the European law to such a point that it innovated by creating a specialised administrative-jurisdictional organism, more adapted to the celerity and efficiency exigencies imposed by the European Directives. The evolution of its jurisprudence, rich but inconstant and its comparison to the jurisprudence of the French administrative judge will allow an interrogation of the necessary compromise between the legalism and the legal security in the awarding of the public contracts procedures
Margerin, Victor. "La reprise des contrats de travail sous le prisme des marchés publics." Thesis, La Réunion, 2016. http://www.theses.fr/2016LARE0025.
Full textThe taking over of the employment contracts is undeniably determined by the business transfer. It is indeed because of such a circumstance that the article L1224-1 of the French Labour Code provides for the French legislation, to take over automatically all the work contracts in progress on the day of the transfer by the transferee. However, this link is nowadays forgotten under a confusion of alternative or specific provisions, providing for the taking over of the employment contracts outside any business transfer. Those developments can be explained by the failure of the European law to standardise the legislation of the Member-States on that particular point. The European law does not want to establish an identical protection and has made the choice to bring an incomplete definition of the notions that make however the gist of business transfer. All in all, each state is free to interpret to its convenience the dispositions of successive directives, under the sole control of the European Court of Justice. This legal cacophony is an opportunity. Indeed, since the topic is so variedly dealt with by different national laws (mainly German, English and Spanish), a comparative study enables to reveal the pros and cons of our French law. The starting point of our reflexion will be the only European consensus on this issue: the loss of a market shall by no means entail a business transfer. From the redefinition of the notion of business to the protection of the rights of both employers and employees, this present study advocates for a simplification of business transfer law
Sartzetaki, Petroula-Anastasia. "Le droit hellénique de passation des marchés publics à l'épreuve du droit de l'Union européenne." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1019.
Full textThe significance of public contracts amongst the economic activities of the modern state's administration, has led the European Union- for several socio-economic rationales- to establish a uniform regulatory framework so as to ensure fair and unbridled competition between the economic operators of the different Member States. To this end, in addition to the provisions of primary law, the EU has further enacted secondary legislation in the form of exhaustively detailed directives. In order to achieve the effective application of EU law in several public contracts a broad interpretation of the public contracts concept was developed, persistently encouraged by the Court's case law, and a categorisation of the public procurement types was adopted. Furthermore, European procedural rules were introduced with the aim of safeguarding rights that individuals derive from that law. The question thus is what is the impact of this comprehensive regulatory framework on the Greek public law considerations on the subject. It is in the context of national laws' harmonisation on the matter, that EU law is inserted in the Greek legislation ; this insertion is carried out via national regulatory authorities, the legislator and the administration ; moreover, in the procedural field, both the European and the national judge exercise judicial control over the reception of the EU law in the national legal order. By way of the aforementioned structure the contractual discretion of the Hellenic public authorities in the course of fulfilling the requirements imposed by EU law can be thoroughly explored
Hammoud-Chobert, Serghinia. "Les partenariats d'innovation en droit de la commande publique." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0491.
Full textPublic procurement is being seen increasingly as an instrument of innovation policy. With this in mind, the new 2014 European Union directives on public procurement introduces a new public procurement contract of « innovation partnership », has tranposed into national law by decree n° 2014-1097 of 26 september 2014, which concerns simplification measures applicable to public procurement contracts. This new market combines the researche and purchase innovative product, service or works and that are unavailable on the market. This present work aims firstly to demonstrate the contractual originality of the innovation partenschip approaching the economic and competitive reality of the market and, on the other hand the illusion of a novelty in the public procurement procedures, insofar as this procedure approximates the existing procedures notably the competitive dialogue and the former markets negotialted with publicity and competitive tendering. Similarly, the innovation partnerschip raises many questions of legal status of intellectual property, the distribution of risk, and so on, and the introduction of a genuine innovation procedure of fluidfication of the procurement of innovative public procurement
Cendre-Malinas, Sylvie. "Le Temps dans le marché public." Paris 2, 1997. http://www.theses.fr/1997PA020083.
Full textTime is a variable data in public contracts as political, economical, financial, legal and administrative act. It federates actors through the creation of a subjective partnership and through the limitation of contractual freedom for the sake of antitrust public order. Binding partnership and competition leads to the concept of contractual operation ; at once, time divides legal and financial proceedings in entangled stages which blur the global sight of the operation. Time is thus studied at two views, duration and respites, understanding it first as a continuity factor then as a measuring unit. The analysis of general constituents of public contracts' duration brings out the concept of contractual operation ; characterizing respites' peculiarities enables then to perceive the operation's structuration or disorganization by the timing constraints of each actor. The first part of the thesis deals with the time implications of federating concepts in public contracts : partnership (heading 1 : programming actions ; choice between sequence of several contracts for one operation and contractual globalization) and competition (heading 2 : evolution of contracting proceedings ; conciliation between contract's duration and competition). The second part shows all the troubles each actor may create in the achievement of public contracts according to the importance of his own timing constraints : Time is here a dividing factor in the conceptualization of the contractual operation, in terms of administrative and contentious respites (heading 1 : incidence of respites upon contracting proceedings; diversity of litigation settlements) and of financing and paying respites (heading 2 : choice between public and private financing ; improvement of paying respites)
Symchowicz, Nil. "La mutation des procédés contractuels des personnes publiques : le recours aux "montages contractuels complexes"." Paris 1, 2002. http://www.theses.fr/2002PA010304.
Full textSlautsky, Emmanuel. "Droit européen du marché intérieur et organisation administrative des États membres de l’Union européenne." Doctoral thesis, Universite Libre de Bruxelles, 2016. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/231665.
Full textDoctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Camozzi, Armel. "Recherche sur les contrats de la commande publique à objet de développement durable : contribution à l'évolution du droit de la commande publique." Electronic Thesis or Diss., Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1031.
Full textPublic procurement and contribution to sustainability come, seemingly, from two distinct logics. On one hand, public markets function to meet the needs of public citizens. On the other hand, contribution to sustainability is traditionally dependent on legal, and not contractual, acts. However, public citizens increasingly use public procurement contracts to affect public policy on sustainability.This research identifies this phenomenon and shows that these contracts relating to sustainability are similar to a modification of the function of public procurement. Subsequently, they become instruments of environmental and social action for public citizens. This major change in the function of public buying is reinforced by the communal directives on public markets dated 26th of February 2014 and is recorded in the renewed definition of the domestic market. The success of this evolution necessarily implies a need for it to be accompanied by a legal reform in order for the complete efficiency of this opening up of public procurement to sustainability policies to be reached. Furthermore, this research will show that this regeneration of public procurement goes further than sustainability and reaches more widely into the sphere of other public policies. The whole body of public procurement law is as such affected
Lasmothey, Kossi Biova Placide. "Analyse environnementaliste du droit de la commande publique." Electronic Thesis or Diss., Université de Lorraine, 2022. https://docnum.univ-lorraine.fr/ulprive/DDOC_T_2022_0282_LASMOTHEY.pdf.
Full textThe principle of neutrality of public procurement law is dead, long live the instrumentalization of public procurement law for environmental purposes! Such is the general observation made by our research which offers a full, meticulous and methodical environmentalist analysis of public procurement law. Obviously, by a theoretical-practical analysis, it is observed that in the current state of administrative contractual practice, despite the seductive modernism induced by the insertion of ecological considerations, the obstinate conservatism due to the economic preference of the contracting authorities, still showing a deep reluctance to fully use the environmental potential of public procurement contracts. However, there is no reason to be pessimistic, because the evolution of the legislative framework allows to hope and to breathe new and more effective environmental dynamics into public procurement Law and contractual practice
Badié, Bléza. "L' application de la concurrence aux conventions de gestion déléguée de service public." Paris 2, 2001. http://www.theses.fr/2001PA020058.
Full textLuginbuehl, Kaspar. "Die Beschaffungsbeschwerde : eine rechtsvergleichende Betrachtung der Beschaffungsbeschwerden der Schweiz und Frankreichs unter besonderer Berücksichtigung der Verfahrensgrundrechte und der Verfahrensbeschleunigung." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA034.
Full textThis research study aims at answering the question which aspects of the French public procurement appeal procedure could be adopted in the Swiss public procurement procedure de lege lata or de lege ferenda in order to grant a more efficient primary appeal procedure without unduly restraining the procedural rights of the parties
Bridoux, Vincent. "Droit de la commande publique et droit de la concurrence de l'Union européenne : étude sur une dynamique commune." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D073.
Full textPublic procurement law and European Union competition law are now two of the main pillars of economic law. Competition law ensures free and undistorted competition in the internal market by protecting it from obstacles from both private and public entities. Public procurement law is intended to regulate a market representing 14% of Europe's gross domestic product.These two subjects are autonomous and seem to ignore each other. However, a careful analysis reveals the existence of actual convergences between them. The proper functioning of the market which purpose is to protect competition by merits, liberties and finaly the well-being of the European Union, is a common dynamic in these two areas. By doing so, both materials contribute to conservation of competitive public order. Their many complementarities, such as the defence of a competitive market structure, economic efficiency and the prevention of anticompetitive behaviour, demonstrate this. The specific objectives of competition law are reflected in public procurement law, while competition law protects the objectives of public procurement law. Similarly, despite several potential areas of confrontation related in particular to the control of State aid, the application of the law of anticompetitive practices against public purchasers or concession authorities, public procurement law and competition law seem systematically to agree on the preservation and development of effective competition. The Altmark case law, or the rigour of the criteria for public-public cooperation, testify to the daily proximity between these two subjects and their ability to enrich each other
Lécou, Sébastien. "Missions de service public et régulation en environnement concurrentiel : application au secteur postal." Paris 1, 2007. https://tel.archives-ouvertes.fr/tel-00187041.
Full textCossalter, Philippe. "Les délégations d'activités publiques dans l'Union européenne." Paris 2, 2005. http://www.theses.fr/2005PA020057.
Full textTesson, Fabien. "Les limites de l'influence du droit du marché intérieur sur les activités administratives françaises." Pau, 2010. http://www.theses.fr/2010PAUU2015.
Full textThe border zone constituted by the limits of influence of internal market law upon administrative affairs is a privileged ground for observing the contemporary transformations of public law. It seemed necessary to identify the factors conditioning the movements of limits so as to be able to understand and anticipate their evolution. The present thesis supports the idea that those limits vary according to the respective aims of both administrative affairs and internal market law. At first it is demonstrated that the aims of administrative affairs allow some adjustments in the application of internal market law. The analysis actually proves that the European Union admits some room to manoeuvre to national authorities as well as it puts a frame to it. Subsequently it appears that the aims of internal market law allow some administrative affairs to be excluded from its sphere of application but the present research shows that the border line is porous and thus the sphere of application of internal market law tends to increase. Beyond the making out of a tendency common to all the subjects of internal market law inclining to exclude some administrative affairs , the analysis shows that french magistrates and especially administrative judges tend to appropriate concepts stemming from internal market law when confronted with matters concerning internal law. Then arises a reflection on the adaptability or even the ability to anticipate showed by french administrative judges as regards economic public law
Usai, Andrea. "Les services offerts sur le domaine public et le droit de l'Union européenne." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA009/document.
Full textWith regard to the first chapter, this thesis aims at analysing the impact of the Freedom of Establishment and of the Free Movement of Services on those economic activities which are offered in areas belonging to the public domain. Thus, after examining the relevant case-law of the ECJ in the field of services, in the second chapter what has been analysed is the impact of the general principles and of Art. 16 of the Charter on the services provided in areas belonging to the public domain. In the third chapter, a deep analysis of the Services Directive has been conducted: after addressing its genesis, which was quite problematic, both its objectives and its rationale have been analysed. What has emerged is a fragmentation of the internal market of services, especially with regard to the activities that are examined in this research. One of the most problematic issues related to that Directive is its implementation. Again, what has emerged is a fragmentation of the market of services. Thus, what has been addressed is the impact of the Directive on the services provided in areas belonging to the public domain. In the fourth chapter, the impact of the Public Contracts Directives has been examined. Legally speaking, public procurement contracts and concessions are different, even if the rationale beyond Art. 12 of the Services Directive together with the general principle of competition require the services at issue to be awarded through a selection procedure. Indeed, even before the adoption of what is now the Concessions Directive, the principles applicable to concessions have always been the same as those applicable to public procurement contracts. What emerges is that the public procurement contracts and concessions are strongly interconnected. The potential impact of the Concessions Directive has been addressed as well. In the fifth and in the sixth chapter a comparison between the Italian status quo with regard to those services provided in areas belonging to the public domain and the situation in Portugal, Croatia, France and Spain has been drawn. In the seventh and in the eighth chapter all the implications regarding potential violations of the State Aid rules have been addressed
Gherzouli, Sonia. "L'influence du droit de l'Union européenne sur l'évolution de la gestion déléguée des services publics." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1069.
Full textSince the beginning of 2000, The European Commission and the European Court of Justice of the European Union (CJEU), have determined the requirements of European Union Law in various areas relating to the organization and the functioning of the administrative action on public services matters. The interpretation of rules dictated by the Treaty on the functioning of the European Union is setting out the terms of the public management whether the creation of public utility, their forms of management , structural or contractual, special rights accompanying their proper functioning, or even the framework of public aid to finance it. These progressions which should be normalized by the adoption of a future directive have greatly influenced the way to perceive in France, the management of public services as much as the participation in the economy. The search for optimizing the functioning of the services and the economic efficiency of the operation is urging from now on to use the delegated management process. The European Union Law, source of inspiration, and more particularly the work of the CJEU, are contributing to a reflection on the enrichment of the mechanisms of the management of public services, which have furthermore a privileged frame locally. However, this influence is reciprocal. Renewed through the concept of “public-private partnership”, the concession is envisaged as a key tool for the recovery of the European Economy, and remains a reference on complex contractual arrangements
Ioannidou, Aimilia. "L'intérêt général en économie de marché : perspective de droit de l'Union européenne." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020035.
Full textThe legal concept of general interest is significantly transformed under EU law. The most important transformations consist in the double-level (national and European) development of the concept and in the fact that the primarily economic character of EU law as well as its liberal orientation influence at a great extent the relation between public authority and the market as far as both the definition and the realization of the general interest, as well as its functions, are concerned. The object of the present thesis consists in a study of the aforementioned transformations
Stathaki, Marianthi. "La rémunération du cocontractant de l'Administration dans les contrats de la commande publique : étude comparée : France, Grèce, Allemagne." Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D007.
Full textThe remuneration of the Administration's contractual partner in public procurement contracts is traditionally defined as its most important right. At the same time, it is an essential element of the contract, a condition of its performance, as well as an economic result. However, we are faced with a paradox : although remuneration is defined subjectively, its function requires an objective definition. This thesis questions the content of the above right to remuneration. The distinction between remuneration and counterparty led to a narrow definition, in the sense of a margin profit that the other party seeks to obtain as a result of the performance of the contract. ln this regard, questions are examined around the determination during the award procedure and the evolution of remuneration during the performance of the public procurement contract. Located in the heart of the economy of the contract, remuneration is a vector of the success of the contract itself, insofar as it ensures its durability, apart from the overriding aim of the Administration's contractual partner. This thesis demonstrates that both parties' interests to the contracts of the public commission are not necessarily contradictory. The comparative research between three Member States of the European Union has made it possible to highlight common conceptions of remuneration, due to forced convergence, mainly because of the application of European law. This convergence can lead to the adoption of common solutions with a view to improving the efficiency of public procurement contracts, an objective to which this thesis could contribute
Lière, Sophie. "L'innovation technologique dans les contrats publics d'affaires." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020005.
Full textUnder the influence of European Union law, the « business public contracts » (i.e. contracts known as public procurement and concession contracts in EU law) are supposed to be a means of fostering technological innovation. However, the multiplicity of objectives assigned to these contracts, in particular the obligation of maintaining an open competition in awarding them, does not allow them to be an efficient tool for promoting innovation at their formation stage. It is the responsibility of the parties to take into account the main charasteristics of innovation, such as evolutivity and performance, to define their contractual relationships. The contract, taken as a means of anticipation, thus represents an efficient tool for promoting innovation
Carbonnaux, Camille. "Les figures juridiques de la concurrence en droit de l'union Européenne : étude autour de la notion de loyauté de la concurrence." Thesis, Lille 2, 2013. http://www.theses.fr/2013LIL20013.
Full textThe existence of various rules regarding competition could lead to a lack of coherence andintelligibility of the European system of competition. As a matter of fact, the latter channels a part of the criticisms relating to the decline of law. However, the study of its numerous legal translations results in a very different conclusion. Behind an apparent disorder, the European approach to competition shows profound coherence. In each legal aspects of competition, a common objective officiates as a standard. It is the fair competition. The latter intervenes in all European competition regulations as a notion around which revolve a set of solutions coherent by their finality and content.Coherent by their finality, firstly, because all the legal translations of the competitive order address fair competition as a way to protect competition and, more generally, public interest.Coherent by their content, secondly, because each legal aspects of competition ensures faircompetition by preserving the equality of opportunity between competitors.De facto, the observation of the transversality and homogeneity of the treatment of fair competition reveals that the objective has been, until now, widely underestimated. This sidelining is regrettable because, on the grounds of its axiological neutrality, introducing it into the different debates relating to the European approach to competition offers real solutions in terms of the homogenization of the notion of competition and better integration of the legal aspects of competition