Дисертації з теми "Droit communautaire des marchés publics"
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Cabanes, Arnaud. "La notion communautaire de marches publics." Paris 5, 1996. http://www.theses.fr/1996PA05D010.
Повний текст джерелаThe 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
Dirickx, 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.
Повний текст джерелаThe 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
Peerbux, Beaugendre Zoobiah. "La Notion de marché public en droit administratif et l'influence communautaire." Amiens, 2003. http://www.theses.fr/2003AMIE0051.
Повний текст джерелаPublic 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
Vigroux, Muriel. "L'accord international sur les marchés publics et l'ordre juridique communautaire." Toulouse 1, 1998. http://www.theses.fr/1998TOU10057.
Повний текст джерелаThe 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
Galli, Adeline. "Droit communautaire et marchés publics des collectivités locales (le cas de la France)." Nice, 1997. http://www.theses.fr/1997NICE0049.
Повний текст джерелаDurviaux, Ann Lawrence. "Logique de marché et marché public en droit communautaire : analyse critique d'un système /." Bruxelles : Larcier, 2006. http://catalogue.bnf.fr/ark:/12148/cb40936909p.
Повний текст джерелаCharouli, Angeliki. "Les considérations sociales et environnementales dans la passation des marchés publics." Electronic Thesis or Diss., Paris 1, 2013. http://www.theses.fr/2013PA010257.
Повний текст джерелаAs 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
Charouli, Angeliki. "Les considérations sociales et environnementales dans la passation des marchés publics." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010259.
Повний текст джерелаDe, 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.
Повний текст джерелаThe 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
Clerc, Evelyne. "L'ouverture des marchés publics : effectivité et protection juridique : étude comparée des solutions au titre de l'accord OMC sur les marchés publics, du droit communautaire et des nouvelles réglementations suisses /." Fribourg : Éditions universitaires Fribourg Suisse, 1997. http://catalogue.bnf.fr/ark:/12148/cb39136847q.
Повний текст джерелаClerc, Evelyne. "L' ouverture des marchés publics : effectivité et protection juridique ; étude comparée des solutions au titre de l'accord OMC sur les marchés publics, du droit communautaire et des nouvelles réglementations suisses /." Fribourg, Suisse : Éd. Univ, 1997. http://www.gbv.de/dms/spk/sbb/recht/toc/271954213.pdf.
Повний текст джерелаApsokardou, Eirini. "Le domaine de la loi et du règlement dans le droit des contrats administratifs." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020004.
Повний текст джерелаAccording to the case law of the Constitutional Council and the administrative courts as well as to some public law theorists, the definition of the rules governing the award and the performance of Government administrative contracts, administrative contracts of State-depended public bodies and public contracts of local authorities falls within the scope of the regulatory powers of Government. More specifically it is argued that public procurement law is part of the rules governing the procedure of administrative decision making and the organisation of public services which are matters traditionally reserved to the autonomous regulatory power. The lack of coherence within the legislative and regulatory sources of public procurement law is mainly due to the predominant role of regulations. Despite the latter’s consolidation by the French courts, the growing number of legislative texts intended to build a coherent set of rules in this field has become a source of complexity. The transformation of the sources of the law of administrative contracts in the last few years – including the Community law dimension – requires the prior intervention of the Legislature. Therefore, the provisions governing the law of public procurement contracts should necessarily be restructured. This could be achieved through the redefinition of the constitutional basis of legislative and regulatory powers in the field of public contract law and consequently through a new balance between law and regulation with the intention of safeguarding the predominance of the former. Drafting the rules on the basis of Article 34 of the French Constitution which enables the Legislature to define the fundamental principles of civil obligations will clearly contribute to a more coherent and systematic approach regarding the sources of public procurement law.. Should the powers of the Legislature be safeguarded, the regulations will then be confined to their usual role, which is secondary and subordinate to Parliamentary Acts
Entiope, Mathias. "Le contrôle des marchés publics." Nancy 2, 1999. http://www.theses.fr/1999NAN20006.
Повний текст джерелаThe present study points out to the fact that controls over public contracts, although they are many and of a great variety, are all imperfect in some ways. However, such restrictions should not lead to the belief that controls are totally ineffectual. Checking is carried out at all different stages of the contract - establishing it, carrying it out and on to completion. Sometimes, limited intervention from some authorities can prove judicious: a good example is that of the state council taken as Supreme Court judge. In order to remedy the deficiencies ascertained whilst carrying out controls, it is advisable to promote the prevention of contentious business (particularly through implementing the procedure of article L. 22 of the code of trial and appellate administrative courts). Moreover an increasing efficiency of controls can be achieved by proscribing any behavior going against the principles set in the public contracts code. Finally controlling authorities must be granted better information and suitable training to perform their business in the best possible way
Kalflèche, Grégory. "Des marchés publics à la commande publique : l'évolution du droit des marchés publics." Paris 2, 2004. https://hal.archives-ouvertes.fr/tel-01423737.
Повний текст джерелаMbilampindo, Wilfrid. "Marchés publics et comptabilité publique." Montpellier 1, 1995. http://www.theses.fr/1995MON10033.
Повний текст джерелаThe public markets turn out to be prejudicial for the public funds for the simple reason that this money is taken out of the public revenu departement only to credit the treasurship of the very individuals who deal with the administration. The mecanisms of the contractual processes should definitely work in a way to fully garantee the interests of the administration and its co-contracting individuals. The process require a legal supervision of the contract which should normally take into account interests of all the parties. But the issue takes a particular emphasis accordingly with the kind of interests involved in the deal especially when it concerns the financial interests related with a public individual. The very concept of the protection of public funds requires that a regulation especially elaboreted be considered on that perspective. Therefore, the public accountancy find a privileged area of intervention within the public markets, since it definitely put under control the budgetary credits assigned to the transaction planed and supervized by the administration. Consequently the mecanisms of the public accountancy applicable to the contracts generating public funds such as public markets constitute in association with the rules of the contractual processes, an undeniable factor of the protection of public funds against the risk of squandering and
Caballero, Horace. "Le contrôle des marchés publics." Paris 2, 1989. http://www.theses.fr/1989PA020099.
Повний текст джерелаPublic purchase represents an important factor of french economy public purchase control features a wide range of modalities mainly focused on formal control. The implementation of a management control of public purchase based on private sector techniques and overcoming the regularity, would be advisable
Allaire, Frédéric. "La passation des marchés publics d'assurance : contribution à l'étude du droit des marchés publics." Nantes, 2004. http://www.theses.fr/2004NANT4027.
Повний текст джерелаThe public procurement law lays down a contractual relation from which an objective economy must emerge. It arises from the association of the demand formalized beforehand by the public person and of the supply "economically most advantageous" proposed by a candidat Applied to the insurance services, "the effectiveness and the economy of the public order", which constitute the aims of the public procurement law in its first article, are affected by a double flaw. The economic value of the contract is not validly apprehended, not only because the guarantees of insurance are beforehand and exclusively defined by the person responsible for the market, according to his own economy of the need, but also because the successive and aleatory nature of these contracts, which are legal products of an insurance operation, does not meet the economy of the insurance contract
Reis, Patrice. "La concurrence et les marchés publics." Nice, 1999. http://www.theses.fr/1999NICE0056.
Повний текст джерелаPrebissy-Schnall, Catherine. "La pénalisation du droit des marchés publics." Paris 10, 2001. http://www.theses.fr/2001PA100117.
Повний текст джерелаThe recent phenomenon of procurement contract law penalization gathered two worlds that were ignoring one another so far : criminal law on one hand, and public purchase on the other hand. The lack of knowledge between these two areas leads to worrying public buying actors, who were used to the Administrative judge's way of thinking and do not always realise the criminal law's way in the case of a crime linked to procrurement contract. If both administrative and financial judges are now achieving better results through more efficient procedures, would the penalization be still appropriate ? Legal insecurity felt by professionnals is explained by two main factors : the inordinate penalization of procurement contracts law and the tough learning of multiplicity of controls. The offense of "favouritism" is indeed underlying the notion of a criminal risk for an intentionnal offense, in the way legal proceedings can be started on the minor ground of inobservance of the regulations, inobservance which is presumed done knowingly and willingly. Moreover, and because administrative, financial and repressive controls happen independently and without any chronological order, we may fear that the criminal judge would be drawned up by the victim. Yet, criminal sanction can only be added to the administrative one in order to strengthen its dissuasive aspect whenever necessary. Thus, a well-balanced mixture of prevention and repression should bring an alternation to the risk of massive penalization. Seen as a use-transforming lever, procurement contract penalization appears as a strategy of accountability aiming towards the respect of the rules in action by everyone, and the feedback of its activity in a quality and security matter
Loya, Tuansi Bruno. "Les marchés publics et les marchés privés de l'informatique." Montpellier 1, 1985. http://www.theses.fr/1985MON10004.
Повний текст джерелаRetterer, Stéphane. "Monopoles publics et démonopolisation en droit communautaire." Toulon, 1995. http://www.theses.fr/1995TOUL0020.
Повний текст джерелаLallemant-Bif, Lydie. "Les marches publics : transparence et atteintes." Reims, 1999. http://www.theses.fr/1999REIMD006.
Повний текст джерелаDoes 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
Cantillon, Guillaume. "Concurrence et objectifs de politiques publiques en droit des marchés publics : le droit des marchés publics et la régulation." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010279.
Повний текст джерелаWith the adoption of the new EU Public Procurement Directives there ends a cycle of about fifteen years which have seen the competitive objective assigned to the procurement contracts law being both strengthened by the competition principle and completed by public policies objectives. Doubly instrumentalized by these two series of objectives, procurement contracts have become one of the public authorities' tools for establishing an optimal balance between competition and social or environmental objectives in the economy. A balance that the market is not itself able to produce. It follows that the deregulating public service theory is strongly discussed there. The public sector bas not disappeared for the benefit of the private market but follows new paths in order to foster a balance between competition and other objectives of general interest. And finally, finding this balance is a political issue. That is why, if the the coming together of competition and public policies in procurement contracts needs the buyers and the judge the use of economic tools rooted in competition law, it also and maybe principally calls for a new public procurement contracts govemance in order to defi.ne a public procurement policy
Brebesh, Omar Mohamed. "Le marche de travaux publics en droit francais et en droit libyen. Etude comparative." Reims, 1996. http://www.theses.fr/1996REIMD005.
Повний текст джерелаThe essential of this research is to study the public works market in french and lybian law. The public work in france and in lybia constitute one of the most important thing of the administrative law. The majority of work carried off for public organisation in this two countries were classified as public work. Indeed, the public work sector strech out, it takes up an important position in the economic and social policy in this two countries. In france, the public work markets are the result of long historical evolution. The attribution of this market take place since the end of middle age. While in lybia, the public work system is very recent. It was almost unknown until the creation of the lybian supreme court in 1953. This research want to bring together the french and lybian experiences and to find the convergent and divergent point in that situation
Fromont, Simon. "Le Droit des marchés publics à l'épreuve du droit public financier." Lille 2, 2001. http://www.theses.fr/2001LIL20034.
Повний текст джерелаXu, Lin. "Le droit des marchés publics en Chine : contribution au droit international." Nice, 2009. http://www.theses.fr/2009NICE0017.
Повний текст джерелаThe sector of Chinese public markets has for a long time been considered a sanctuary, protected from any foreign incursion. Today, in order to respond to the demands of globalization, under the influence of international institutions such as the World Trade Organization, the World Bank or the International Monetary Fund, this sector is progressively transforming itself. Following China's membership of the WTO, two laws foreshadowing a future code of the Chinese public markets have been announced to address this. With respect to the stakes at play with such an openness, as much on the economic scale as political, the importance of a legal analysis of this mutation is naturally essential
Pourcel, Éric. "Transparence et passation des marchés de travaux et de fournitures." Bordeaux 1, 1995. http://www.theses.fr/1995BOR1D003.
Повний текст джерелаPourcel, Éric. "Transparence et passation des marchés de travaux et de fournitures." Bordeaux 1, 1995. http://www.theses.fr/1995BOR40003.
Повний текст джерелаLeborgne, Aldric. "L' ouverture des marchés publics à la concurrence dans le cadre de l'Accord Marchés Publics et de l'Organisation mondiale du commerce." Paris 12, 2002. http://www.theses.fr/2002PA122002.
Повний текст джерелаThe Government Procurement Agreement (GPA) has a specific position within the WTO system. This text is a part of an historical perspective that starts at the end of world war two to receive a provisory solution at Marrakech in 1994. In this context, the GPA represents a significant step in the opening of public procurement to world competition. Ending positively the previous situation of no regulation, the GPA nevertheless remains a step in the setting-up of a true world competition system. The conclusions summarise the main points in view of the revision process of the Agreement and call for more ambition during this exercice to progressively set up a true world regulation of public procurement
Mbongo'o, Jean-Jacques. "Les marchés de travaux publics au Cameroun." Limoges, 1986. http://www.theses.fr/1986LIMO402P.
Повний текст джерелаThis thesis is both a synoptical and a dynamic view of public works contracts in cameroon. It endeavours and tries to analyse private firms and public administrations that act in public works contracts as well as rules and legislation which govern and guide their intervention. It emphasizes parties rights and duties in the material and financial achievement of those particular contracts and the concrete supervision of their material achievement. Finally, it sets a deep inventory of the main problems arisen by public works contracts, passes some judgements and formulates a great number of solution to solve those problems
Arhoutane, Abdesselam. "Marchés publics de l'Etat et comptabilité publique au Maroc." Montpellier 1, 1994. http://www.theses.fr/1994MON10032.
Повний текст джерелаThe objective of this research is to demonstrate the articulation's vices, yet necessary, between those two independent laws which are public contract law and public accounting law. In fact these are two laws characterized by a clear separation materialized by a divergence in the compentences and in the responsabilities of the ordonance officers and the accountants. This divergence comes from a difference in the objective that each state agent is pursing. The ordonnance officer is forced to ensure, considering his politico-administrative commitments, public service, compelling him sometimes to go beyond certain statutory provisions. The accountant, with a lack of concern for the ordonance officer constraints and considering his personal and financial responsabilities, is very anxious that loans made to the ordonance officer are spent in complete legality. However, we can not that this divergence is virtually diluted in a fonctional convergence, insofar as the implementation of any public asquisition always calls for the simultaneous intervention of the ordonance officer and the accountant. The first one decides, engages, liquidates and establishes the payment order. The second one controls the work of the ordonance officer and makes the paiement from the public debt. The accountant's responsabilities are well defined by the regulations in effect. Unfortunately, his action is much more oriented toward regularity of expense to the detriment of his efficiency
Longobe, Gabriel. "Le droit de marchés publics en France et au Congo." Orléans, 1985. http://www.theses.fr/1985ORLE0004.
Повний текст джерелаEyraud, Christele. "L'incidence du droit communautaire sur le droit administratif des services publics locaux." Clermont-Ferrand 1, 1999. http://www.theses.fr/1999CLF10213.
Повний текст джерелаTaken as a whole the following considerations consist un both analyzing and evaluating the community law possible influence on administrative law as far as local public utilities are concerned. In fact, the contrast which, at first sight, seems to exist between local public utilities and community law proves sham rather than real. Indeed the ever-increasing rules of the community law have to be taken into account by the local public utility law. But these additions, which obviously can’t apply to local public utilities on the whole, shouldn’t inevitably be seen as drawbacks. On the contrary community law must be considered as a chance to make the local public utility likely to conciliate the rules concerning not only public and private law but competition as well. Thus, they can be seen as the clue to bringing together the state and local organizations, which could also lead to a better recognition of the notion of public utility on a community scale
Le, Mestre Renan. "La soumission des secteurs publics nationaux a la dereglementation communautaire." Nantes, 1998. http://www.theses.fr/1998NANT4001.
Повний текст джерелаThe relations of national public powers with state enterprises are theoretically bound by general provisions of the european community treaty. This requirement can only be turned down when it leads toobstruct the performance of services of general economic interest. The enforcement of the ec treaty rules has given rise for almost ten years to a gradual liberalization of sectors traditionally regulated by governments. Renouncing economical interventionism, the member states have to shelter in this new context the principle of an open market economy. The ec treaty expresses this primacy of indistorted competition as one of its fundamental objectives in article 90 which forbids the member states to enact or maintain in force any measure contrary to the rules of the common market and in the same time empowers the euroepan commission to specify the obligations of public powers in this field. The court of justice judged in 1991 that this latter provision conferes this institution power to adopt directives and decisions in relation to state measures concerning legal monopolies. The above mentioned rules of the ec treaty are of two sorts. The first ones are open network provision rules which apply to natural monopolies, in situations where certain economic activities may only be provided by a monopolist, given the scale and expense involved. The others are free competition rules as provisions contained in article 85 and 86 of the ec treaty concerning the behaviour of any undertaking in the common market, the prohibition of national assistance to public undertakings and free movement rules. Under those conditions ec rules governing state enterprises just do not admit that national systems of property ownership should in any way prejudice the fundamental principles of the common market. In this context, the room left to public service obligations is narrow. This situation results from the lack in ec law of a real political project since the failure of the european defence community in 1954 which has left to the market the task of drawing the framework of general interest. This is the reason why article 90, paragraph 2 only provides for modifications of the regime of undistorted competition, as far as such rules effectively forbid the undertakings entrusted with the operation of services of general economic interest to perform the particular task assigned to them. Spec
Streho, Imola. "La notion de services en droit communautaire." Paris 2, 2008. http://www.theses.fr/2008PA020076.
Повний текст джерелаDelbès, Jean-Baptiste. "La maîtrise d'oeuvre dans le droit de la construction publique." Toulouse 1, 2010. http://www.theses.fr/2010TOU10026.
Повний текст джерелаProject management is not taken into account by the European Union rules concerning public procurement, but it is highly controlled by French public procurement law. This thesis means to bring out the legal notion then possibly then possibly try to propose a critical analysis of regulations applied to project management contracts in the public works sector (concerning their conclusion, implementation and litigation), whether these contacts are subject to public procurement codes or come under order n°2005-649 of June 6, 2005
Malgouyres, Bernard. "Le droit des marchés des grandes entreprises nationales." Paris 5, 1992. http://www.theses.fr/1992PA05D006.
Повний текст джерелаComminsoli, Hervé. "Les marchés publics et la gendarmerie nationale." Poitiers, 2006. http://www.theses.fr/2006POIT3009.
Повний текст джерелаThe decree 2001-210 dated 7 march 2001 concerning the "Code des marchés publics" and the new amendment decree dated 13 december 2001 have changed the public purchasing. The new code concerns all the public services contracts including the first article which give a new definition : these contracts are signed with public entities or private entities by certain persons of the public entity in order to meet a specific need, in respect of procedures for the award of public supply contracts, public service contracts and public works contracts. They are signed in respect of procedures detailed by the code when the value is greater than 90000 euros without VAT and dispersed with respect of procedures below this threshold. In order to meet the requirements of all services in public supply contracts, public service contracts and public works contracts, the french Gendarmerie signs public services contract with the opening to competition, the recourse calls for tenders or negociated contracts depending upon the circumstances. Below the nature and all required needs are to be used to meet these needs, before recourse call for competition or negociation not proceed of an opening to competition should specify difficulties for the french Gendarmerie. The recourse to the e-market is nowdays very extensive in the mindset. One of the priorities for the modernisation of the french Gendarmerie is to adopt it with notably the implementation of the e-procurement methods for signing agreement. The granting of the new "Code des marchés publics" list objectives in accordance with a bigger simplification and more transparency with a better legal security but they are not necessarly adapted of the needs for the constraint of the french Gendarmerie. Law of orientation relative to internal security 2002-1094 dated 29 August 2002 (hereinafter "LOPSI") is based on the control of certains difficulties and the coming of new means
Mbeumen, Roger. "Les marchés publics internationaux dans les relations nord-sud." Paris 2, 2003. http://www.theses.fr/2003PA020069.
Повний текст джерелаJenayah, Alia. "Le contrôle de l'exécution des marchés publics en droit tunisien." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D017.
Повний текст джерелаUnlike private law contracts whose implementation system is mainly the responsibility of both parties, the implementation of public procurement contracts is subject to several controls that have proliferated in Tunisia along the evolution of public policies. Following a systemic approach, three different and yet interdependent levels of control can be distinguished: the control exercised by the contracting parties; the control exercised by authorities, which are in a certain extent dependent of the administration; and the, critical one, the control exercised by courts. The study of the interactions between these actors in a context characterized by the adoption of a new liberal Constitution and a new Code of Public Procurements, would make it possible to shed light on the tensions that continue to affect the general equilibrium of the system. The research concluded that, despite the changing context, the control system remains essentially focused on protecting the public interest.The research also concluded that the uncertainty surrounding the validity of the old regime's control norms and the deficiencies of the legal remedies' system remains and does not allow the monitoring authorities to maintain the balance between the public interest and the interests of economic operators contracting with the administration
Guézou, Olivier. "Les comportements anticoncurrentiels dans la passation des marchés publics." Paris 10, 1998. http://www.theses.fr/1998PA100163.
Повний текст джерелаAbas, Mohammed. "La concurrence en droit des marchés de l'État au Maroc." Montpellier 1, 1989. http://www.theses.fr/1989MON10030.
Повний текст джерелаIn morocco, the law inspired from french jurisdiction applies properly to signing state public contracts, especially concerning the matter of competition. The setting up of this competition (justifications and regulations of the drawing) and the starting of the process ( definition of the requirements and attribution of the contract ) are a proof of this suitability, in spite of some local characteristics
Elbeherry, Ibrahim. "Théorie des contrats administratifs et marchés publics internationaux." Phd thesis, Université de Nice Sophia-Antipolis, 2004. http://tel.archives-ouvertes.fr/tel-00412538.
Повний текст джерелаDahys, Jean-Pierre. "La mise en place du dispositif de lutte contre la corruption et les fraudes dans les marchés publics." Paris 2, 1998. http://www.theses.fr/1998PA020087.
Повний текст джерелаAccording to the report of the commission for the prevention of corruption, public procurement is one of the most 'sensitive' areas. The public authorities, responsible for transposing community directives and at the same time reassuring public opinion shocked by legal issues connected to the funding of political parties and electoral campaigns, have reacted by creating two inter-ministerial bodies commissioned as an overall mission to oversee dealings within the public purchasing sector and verify abidance of new regulations concerning advertising and fair competition (the central department for the prevention of corruption and the inter-ministerial investigative mission into public procurement and agreements of public service delegations). Moreover, the necessity of transparency associated with the absolute requirements concerning competition, enjoins the setting up of machinery capable of sanctioning the fraudulent conduct of those responsible for public sector orders : the 'pre-contract jurisdiction for urgent matters' is a preventative measure, the 'offence of favouritism' one which deals with repression. Actually these innovations in conjunction with standard controls strengthened for the purpose, and involving the co-ordination of public services and judicial framework, reveal a policy of attrition against fraud and corruption in the sector of public procurement comprising therefore an internal action of censor: the investigative mission safeguards impartiality, the general government magistrate the legality and the financial magistrate the exactitude, in a role independent from that of the magistrate dealing with repression. Firstly the two components concerning prevention and repression are set out ( the safeguard structures and the modes of enforcing the sanctions respectively) as contained in the framework, before assessing the situation of the way the safeguards work. And as a consequence allowing suggestions of improvement concerning the way in which the system works to be put forward, as well as the simplification or the strengthening of the easting regulations which do not pretend to be the unique drastic remedy in use to stem the contagion, take away relish for 'easy money' associated with the public purchase sector, and save it from the temptation of treating friends with partiality for want of imposing the observance of a code of good condu
Tamba, Rose-Marie. "La protection du sous-traitant dans le cadre des marchés publics." Lyon 3, 1987. http://www.theses.fr/1987LYO33018.
Повний текст джерелаBille, Serge. "La passation des marchés publics en France et au Cameroun : étude comparée." Paris 11, 1999. http://www.theses.fr/1999PA111009.
Повний текст джерелаMebroukine, Ali. "Droit applicable aux marchés internationaux des opérateurs publics algériens et l'arbitre." Paris 2, 1988. http://www.theses.fr/1988PA02T070.
Повний текст джерелаAl, Hajjar Wissam. "Les nouveaux contrats publics de construction en droit français et en droit libanais." Montpellier 1, 2007. http://www.theses.fr/2007MON10032.
Повний текст джерелаElias, Issam. "La rémunération des marchés de travaux publics de l'état libanais." Montpellier 1, 1985. http://www.theses.fr/1985MON10013.
Повний текст джерелаStepnik, Lea. "Vers un nouveau régime juridique communautaire des services publics locaux de transport : incidences sur la France et la Pologne." Nice, 2005. http://www.theses.fr/2005NICE0024.
Повний текст джерелаLocal public transports have reached the dimension of an european market. The specific european law has thus become obsolete, competition in this sector is mostly regulated by services of general economic interest's Community law and by national laws as the French and Polish examples prove it (Part 1). In this context, the European Union has submitted a proposition of european sectoral regulation aiming at conciliating the competitive requirements of the treaty and the imperatives of general interest. These rules respecting the principle of subsidiarity are articulated around the free choice of local authorities regarding the way services are operated, basis for a possible european framework of other public local services. The consequences of such a regulation consist, like in Poland, in increasing the present tendancies existing in transports and would deeply modify the management of Ile de France transports (Part 2)