Дисертації з теми "Instrumentalisation des marchés publics"
Оформте джерело за APA, MLA, Chicago, Harvard та іншими стилями
Ознайомтеся з топ-50 дисертацій для дослідження на тему "Instrumentalisation des marchés publics".
Біля кожної праці в переліку літератури доступна кнопка «Додати до бібліографії». Скористайтеся нею – і ми автоматично оформимо бібліографічне посилання на обрану працю в потрібному вам стилі цитування: APA, MLA, «Гарвард», «Чикаго», «Ванкувер» тощо.
Також ви можете завантажити повний текст наукової публікації у форматі «.pdf» та прочитати онлайн анотацію до роботи, якщо відповідні параметри наявні в метаданих.
Переглядайте дисертації для різних дисциплін та оформлюйте правильно вашу бібліографію.
Charouli, 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 джерелаKalflèche, 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 джерелаAllaire, 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
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
Mbilampindo, 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
Thomas, Lionel. "Incitations, incertitudes et marchés publics." Montpellier 1, 1997. http://www.theses.fr/1997MON10003.
Повний текст джерелаEntiope, 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
Loya, Tuansi Bruno. "Les marchés publics et les marchés privés de l'informatique." Montpellier 1, 1985. http://www.theses.fr/1985MON10004.
Повний текст джерелаReis, Patrice. "La concurrence et les marchés publics." Nice, 1999. http://www.theses.fr/1999NICE0056.
Повний текст джерелаDomergue, Gilles. "Les marchés publics de prestations intellectuelles." Paris 2, 1990. http://www.theses.fr/1990PA020018.
Повний текст джерелаIt covers the clientele or the employer, studies leading to written works, projects and prototypes. Every project is subject to the existing code thereon and to the specifications of the clauses of the government administrative codes for the purchase of intelligence stipulated in the civil code no 78-1306 modified on 26-12-78. The thesis comprises three main points. 1) the means of remunerating and terms of financing the above mentioned trading of intelligence, since the evaluation and regulation of the said intelligence is complex. 2) ownership rights: chapter 4 ocag pi deals with this point, giving possible options. 3) the influence of new methods of financing and computer technics on the above mentioned trading of intelligence. The proper remuneration of intellectual services will be based on the cost price, its quality, its usefulness which will provide public authorities (communities) the means of avoiding (controlling) waste. The giver of services will be thereby in a position of greater responsibility, concern and productivity. The internationalization of knowledge will necessarily lead to european and worldwide legislation thereon to protect industrial and political secrets
Maréchal, François. "Comportements d'offre dans les marchés publics." Besançon, 2001. http://www.theses.fr/2001BESA0004.
Повний текст джерелаThis thesis provides several essays on public procurement contracting. . .
Lallemant-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
Comminsoli, 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
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
Prebissy-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
Brouillette, Sylvie. "Les marchés publics à Montréal : 1840-1860." Thèse, Université du Québec à Trois-Rivières, 1991. http://depot-e.uqtr.ca/5395/1/000589283.pdf.
Повний текст джерелаCantillon, 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
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 джерелаVerger, Morgane. "Petites et moyennes entreprises (PME) et marchés publics." Thesis, Limoges, 2014. http://www.theses.fr/2014LIMO0055.
Повний текст джерелаThe economic stimulus package in late 2008 in France raises again the question of what the purpose of public procurement is. As instruments for the Administration, they have become the tools of public policy, economic levers. And their last function, in association with the support of the growth and economic potential of small and medium enterprises (SMEs), business model of reference, because the most represented, restarts the ongoing debate between facilitating and favoritism to the SME for their access to public procurement. Yet, the favoritism, as implemented by the american Small Business Act of 1953, culminating in the implementation of the European principles of public procurement: open access to public procurement, equal treatment of candidates and transparent procedures. Successive reforms of the Procurement Code have not ceased to integrate devices for SMEs: some have been canceled, as the introduction of quota policies in certain procedures or increased levels of mandatory disclosure ; others were held, in the case of the allotment or creation of simplified regulation. Facilitation becomes synonymous of relief procedures, regulatory simplification, and benefits all traders, regardless of size. Why, then, focus the debate on the profit made by all SMEs, alongside the introduction of a discriminant scheme only for innovative SMEs. The break may be not only between SMEs and large companies, but between the SMEs themselves in their access to public markets
Fouilleul, Nicolas. "Le contrat administratif électronique : l'exemple des marchés publics." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32006.
Повний текст джерелаThe deliberate participation of the French Civil Service in the society of information's development is likely to lead to a lot of disruptions in the subtle balances which have been slowly organized by our administrative law. Thus, the public contract's room, and more specifically the public markets’ one, has already undergone deep alterations that have lead to wonder about this juridical concept which is still under construction : the administrative e-contract (e-commerce, e-procurement). The " last " version of the public markets code (legislation) has indisputably broadened the field of the contract's dematerialization in introducing new procedures, in expecting new tranfer's conditions on dematerialized tenders, in shortling, in some case, the "dossiers de consultation des entreprises" (DCE)'s delays of tranfer or in guaranteing the security of information's exchanges, but it has also disrupted the forms and the formalities that those various deeds have to comply with. So the recent texts' examination shows the birth of a new contractual formalism. In fact, the aim isn't to erase any formalism but to rethink the formalities in mobilizing new technologies without weakening the essential principle of juridical security. Generally speaking, as the public e-procurement is now a reality, thus the question of the administrative contract’s execution is likely to be put in a new context. Beyond the renewal of contractual relations, the standard obligations of a sound public management then have to be rethinked althought other difficulties will rise. Therefore the administrative e-contract raises numerous interrogations, the answers of which, first of all, assess new methods of approach and new ways to define the administrative contract. Thus, this thesis will be on the basis of a typology’s essay about the contract’s dematerialization which has the aim to better understand the juridical consequences of this “transmutation de l’instrumentum” during the admnistrative contract’s development and then its carying out
Leborgne, 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
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
Shotsha, Katshunga. "La sous-traitance occulte dans les marchés publics et privés des travaux de construction." Paris 12, 1991. http://www.theses.fr/1991PA122002.
Повний текст джерелаPourcel, 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 джерелаLombardi, Alejandro. "Essays on Public Contracts." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10052/document.
Повний текст джерелаThis thesis is composed by three chapters, each one addressing a policy question originated in the complex nature of public sector's objective function. In the first chapter, a policymaker intends to auction divisible goods among large and small bidders. On top of being concerned about maximizing surplus of auction participants, he also wants to avoid concentrated allocations. Motivated by actual practices on the field of spectrum auctions, this chapter examines standard auctioning policies, composed by auction formats (uniform price or Vickrey) and devices to favour groups of bidders (price discounts or quantity restrictions). The chapter relates the choice of the auction format and the favoring devices with the relative weight that the policymaker assigns to surplus maximization and outcome concentration. More generally, this work highlights the role of bidders’ market power in smoothing the effect of asymmetries. The second chapter compares the adoption of labor incentive policies in the public and the private sector. I build a general equilibrium model in which the private and the public sector need to attract workers to produce private and public goods respectively. In a moral hazard framework, standard profit maximizing leads firms to provide incentives to workers whose expected production is above a threshold. Even though information rents are not per-se costly for a welfare maximizing Government, providing incentives may attract too many workers to the public sector, creating a problem of talents allocation. This tradeoff justifies the choice of an output threshold different than the one in the private sector for giving incentives to workers. Finally, in the third chapter, a Government privately informed about its level of commitment intends to attract a foreign investor to undertake a costly oil project with price-driven risk. I show that a Government with high level of commitment does not have enough contracting elements to separate from a less committed type that is not credible enough to allow the investor recover his sunk cost. Still, a project can be feasible when Government types pool their offers at the cost of compensating the investor with an expropriation premium. I find that contingent taxation can be used to minimize the exposure to such cost. An optimal contract keeps investor's profits constant at the highest level that can be credibly sustained by a low commitment Government in most states of nature, and compensates the investor with higher profits when prices are high enough
Mamavi, Olivier. "L'influence des réseaux d'alliances sur l'attribution des marchés publics." Thesis, Poitiers, 2013. http://www.theses.fr/2013POIT4018/document.
Повний текст джерелаWith over 100 000 exchanges per years, public procurement represent almost 10% of French GDP. Nevertheless, few scientific management studies have investigated strategies which ease accessibility to public procurement to companies. Based on network theory, my thesis purpose was to study the impact of the company relational environment. We now characterize a model that illustrates the effect of strategic networks on contract awarding. We investigated 4242 transactions in French public market with strategic alliances involvement. A structural data analysis highlighted strategic networks characterized by an organization having non trivial relational properties, which are identical to social networks. We used structural equations modeling (PLS-path modeling) to validate this observation. Indeed, we demonstrated that 4 different relational properties (embeddedness, preferential attachment, strength of ties and transitivity) influence significantly the public contract awarding. What are these model applications? This model draws a company network map, a useful tool for company to manage and understand their possible coalitions. We propose how to organize efficient strategic alliances which is one of the bases of competitive intelligence system
Mbeumen, Roger. "Les marchés publics internationaux dans les relations nord-sud." Paris 2, 2003. http://www.theses.fr/2003PA020069.
Повний текст джерелаArhoutane, 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
Obongui, Hervé. "La passation des marchés de travaux publics au Congo." Montpellier 1, 1986. http://www.theses.fr/1986MON10030.
Повний текст джерелаThe marketin-board hand-out of public works in congo has never brought out enthousiasm to congolese theoricians, a blurring turning point, considering the importance of the problem and the critic in connection with the act dating up from 1959, organising the juridical regulation. As a matter of fact, the applying of the 1982's act, organising the same matter, fell tobe into application, so giving way to the examination of the issue. A comparatively study to which were submitted the above. Two mentionned questions has enabled to denote the following : that it embodies commonly disposals and which permity to make full use of a new hand. Out system deriving from the old system. The collegial system stands for the solely system in which the legal authority has the right of decision
Guézou, Olivier. "Les comportements anticoncurrentiels dans la passation des marchés publics." Paris 10, 1998. http://www.theses.fr/1998PA100163.
Повний текст джерелаNsalou, Nkoua Lewis. "Les marchés publics et le développement économique au Congo." Thesis, Paris 11, 2012. http://www.theses.fr/2012PA111010.
Повний текст джерелаProcurement in the Congo has long been framed by the colonial decree of March 9th, 1959. Written in a particular historical context, this regulation has proven to be far from the socio-economic realities of the Congo as a result of the independence proclaimed on August 15th, 1960. Established with the view of leading the country towards its development in a liberal economic environment, this colonial decree was, in practice, completely sidelined in favor of the rules issued by the Single Party and the Marxist ideology from the year 1964. In 1982, new procurement rules to serve as a basis for the contractual policy of economic development has been defined by the Congolese authorities of the time. This new procurement regulation, established by a Decree of April 22nd, 1982, is credited with having created the management authorities of public contracts and having set a framework for procurement and government contracts. However, it soon showed its limits and shortcomings with regard to the socio-political configuration of the country. Several factors contributed to the inefficiency of the device in 1982: the party system, the State debt and that of public enterprises, corruption in public procurement, the excessive use of OTC over the counter negotiations and institutional instability. In the years 1990-1991, with the advent of democracy, even though weakened by civil wars, a significant wind of change blew across the Congo. Thus, in view of the institutional and economic reconstruction of the country, with the support of the international financial organizations, the Congolese authorities have undertaken a series of reforms, including the reform codifying procurement. Established by the Decree of May 20th, 2009, the Procurement Code aims at several objectives: transparency, good governance, the fight against corruption and economic development of the Congo. Therefore, an overview of the procurement rules from the Congo's independence in 1960 until today seemed necessary to identify new prospects. For public procurement to become a tool of economic development, there are some prerequisites: fighting against poverty, strengthening the role of justice, granting candidates equal access markets, taking into consideration local social and environmental requirements
Gastaud, Bernard. "Le rôle de la négociation dans les marchés publics." Nice, 1998. http://www.theses.fr/1998NICE0054.
Повний текст джерелаLongobe, Gabriel. "Le droit de marchés publics en France et au Congo." Orléans, 1985. http://www.theses.fr/1985ORLE0004.
Повний текст джерелаDelbos, Jean. "La notion de "mieux-disant" dans les marchés publics de travaux des collectivités locales : mythes et réalités." Toulouse 1, 1996. http://www.theses.fr/1996TOU10010.
Повний текст джерелаThe french political authorities have on many occasions expressed their desire that public works contracts should be awarded on the basis of the + best bid ;. Does this mirror the reality of the situation, or is it nothing more than empty words ? after examining the legal framework of the procedure by which local bodies award their public works contracts, the present study sets forth the way in which the + best bid ; notion has been progressively integrated into the law. To begin with, this integration has taken place as the result of the implementation of rules specifically designed to guarantee free and fair competition, then by the definition of assessment criteria which allow local bodies to make their choice of the + best bid ; in a coherent and objective fashion, and finally, through the setting up of checking procedures, in such a way as to ensure the proper application of the law. It has to be observed, however, that the contracts in question are, in their great majority, awarded to the lowest bidder. How best to respond to this tendency depends on whether one is looking at the situation from the point of view of the professionals (construction companies), the immediate clients (local bodies) or the iltimate political authorities (the relevant government ministry). The elimination of abnormally low bids, additions to the criteria for assessing bids in the framework of public sector contracts, and also the extent to which quality considerations can enter into the evaluation of a project - these various themes have been developed by the professionals, who at the same time are faced with an unfavourable economic situation and a state system that is divided between potentially conflicting concerns, i. E. To take into account the interests of the electorate as a whole, to respect the rules of competition, to increase the autonomy of local bodies, and to tighten up checking procedures. The necessity to codify the existing tangled mass of laws is undeniable, this is demonstrated by the reform of the public sector market code that has already been set in motion, with a view to moving in the direction of a public sector contract code. But the application of the + best bid ; rule in public works contracts awarded by local authorities will need to go beyond a purely legalistic approach
Drame, Bakary. "Le rapprochement des droits des marchés publics dans l'espace UEMOA : le dynamisme et l'insuffisance de la construction d'un droit commun des marchés publics." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLE027.
Повний текст джерелаThe integration through the field of public procurement has been an opportunity for the West African Economic and Monetary Union (UEMOA) to take an interest in the legal framework of this sphere of public business law. It is in this context that the new Community architecture of merit-based public procurement has emerged through the issuing of directives to renew the definition of the concept of public procurement, the fundamental rules of procurement, execution and of the contentious framework.This change has allowed the construction of a harmonized framework of public procurement rules through the adoption of interesting procedural and institutional innovations. However, this new right has not yet reached the proper maturity. This is observed through the inconsistency of national regulations: the ineffectiveness of the phase of execution, execution and resolution of disputes are negative phenomena to this process.The purpose of this study is to trace the degree of convergence between member states in the application of West African community rules. This analysis requires the critical study of the formulation, reception and consequences of the reform of public procurement rights in WAEMU member states, particularly the cases of Burkina Faso, Côte d'Ivoire and Mali. and Senegal with regard to Community directives. The study does, however, make use of other African and European legal systems to illustrate and enrich certain remarks and comments.The objective is to participate in the theorization of West African public procurement law. In this perspective, the purpose is not only to reflect on the innovations introduced by the new texts in terms of the objectives set and their effectiveness, but also to identify the shortcomings and shortcomings of this recasting in order to propose other directions which are necessary and which may be more appropriate for the African system.In this respect, the study proposes the revision of certain unsuitable and inappropriate legal instruments. It would therefore be relevant for UEMOA to rely on African original law to review its legal system, particularly in the case of public procurement.In view of the growing institutions and rules of public business law on the African continent and the success of OHADA, the study makes two series of proposals to reflect on developments in the field of public business law . On the one hand, consideration should be given to the possibility of establishing a harmonized space in the field of public business law on the continent in the same form as OHADA, or on the other hand to integrate the sphere of public business law in the statutes of the OHADA
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
Dantonel-Cor, Nadine. "La maitrise d'oeuvre dans les marchés publics des collectivités locales et de leurs établissements publics." Nancy 2, 1992. http://www.theses.fr/1992NAN20008.
Повний текст джерелаThe local communities and local public institutions have a tendency to appeal to external bodies to realize their projects. This situation is not unique, it's possible to discern it in some others domains, under the legal form of the delegation. We speak of privatization rather than delegation for the "maitrise d'oeuvre". This term of privatization means that persus requested by local communities are private "maître d'oeuvre" rather than public "maîtres d'oeuvre". On the basis of this constatation, several upheavals can be identified within the different administrations. This privatization will be reinforced by the role attributed to the principle of cunsensualism, the principle of "autonomie de la decision" ant the initiatives realized with the competitive rules, at the national and comminatory levels. The consequence is an ineluctable need for transparency. The transformation of the "maitrise d'oeuvre" observed within the signing is also catched through the execution of public markets. Consequence of the privatization, it's possible to discern a "publicisation" which is conceivable when we examine the opposite interest of the "maitrise d'oeuvre". Local communities and public institutions have requirements commanded by general interest, and by the requirements of public service of which public markets of "maitrise d'oeuvre" aim at faciliting it’s functioning. The publicisation of the execution is also characterising by the application of traditional principles of administrative law. Nevertheless it will be more or less asserted accord the phase during which we are situated: stressed within the market's realization the publicisation will be more relativized in the settlement of the administrative liability of the “maitrise d'oeuvre"
Chen, Tianhao. "Le droit des marchés publics en France et en Chine dans le contexte de la globalisation : entre libéralisation et utilisation stratégique des marchés publics." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0698/document.
Повний текст джерелаIn the contemporary era, whether in China or in France, government procurement isincreasingly employed in strategic use in order to pursue numerous policy-based objectives. However,this mode of policy-based utilization would be inevitably in conflict with the liberal logic inherent tothe system of government procurement which is not only present in the financial logic of traditionalliberal systems but also used to establish a government procurement system open to globalcompetition. Thus, how to balance the conflict between liberalization and policy orientation in thefield of government procurement is a crucial problem which should be solved in global governmentprocurement norms. However, on the one hand, with the process of legal globalization, Chinese andFrench government procurement systems are largely homogeneous in terms of liberalization andpolicy orientation. On the other hand, the methods they use to balance the conflict betweenliberalization and policy orientation remain different. At the same time, because of the specificity ofthe Chinese judicial system, the Chinese equilibrium methods have their own legitimacy. In the currentcircumstance, it is impossible for the Chinese public authorities to abandon their own equilibriummethods to seek convergence with the French equilibrium methods
Delbès, 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
Ndinga, Crépin. "Le contrôle du juge financier sur les marchés publics locaux." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100183.
Повний текст джерелаThe attention paid by financial justice to local public markets is not new. previously, before the creation of the regional audit chambers in 1982, financial control of local procurement was shared between the court of auditors and the general paying treasurers. But the system adopted in 1938 was criticized because the t.p.g. brought together the two qualities of agent control and subsidiary responsible for the irregularities he discovered. This system appeared more consistent with the principles introduced by the law of decentralization of march 2, 1982, who created the CRC which was taken in the control of the local procurement. In 1982, three traditional missions had been entrusted to the CRC in the area of public procurement: judgment of auditors, review of the management and budgetary control. following a legislative reform made by the law of february 6, 1992, a fourth allocation had been assigned: examination of the conventions relating to public procurement and the dsp. Long, financial magistrates, for lack of time and means have always favored control of the regularity of procurement and enforcement of public procurement at the expense of their quality (effectiveness) control. To adapt to the new dynamics of the local public management, the magistrates of the CRC are approaching, today, anglo-saxon methods that analyze the quality of management through three criteria, so-called "triple-e": economy, efficiency and effectiveness. If control of the regularity of public procurement remains indispensable, it must now be associated with the control of performance and results
Elias, Issam. "La rémunération des marchés de travaux publics de l'état libanais." Montpellier 1, 1985. http://www.theses.fr/1985MON10013.
Повний текст джерелаVigroux, 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
M'Bra, Bégnara. "Les marchés publics financés par des fonds de l’union européenne." Caen, 2014. http://www.theses.fr/2014CAEN0002.
Повний текст джерелаThe 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
Jenayah, 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
Dahys, 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
Abas, 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
Tonnet-Mirepoix, Laure. "Contrats publics et externalisation." Toulouse 1, 2012. http://www.theses.fr/2012TOU10082.
Повний текст джерелаCabanes, 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