Dissertations / Theses on the topic 'Contrats de commande publique'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Contrats de commande publique.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Akoka, Fanette. "Contrats de la commande publique et environnement." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0510.
Full textThe worrisome environmental situation has led to a diversification in the types of legal actions leading to its protection. Public procurement, endowed with a strong economic power, qualifies as a public policy lever. Public procurement can thus be a medium for environmental protection. Its scope is relativized by the sources of the contracts studied, which prioritize free competition over the environment, and by their implementation. The latter, strongly conditioned by competitive imperatives and by the principles of public procurement, is confronted with extrinsic obstacles to the contract, such as unilateral administrative acts with an environmental focus. Public procurement contracts contribute « de lege lata » to the protection of the environment, by virtue of certain legislative obligations, through the insertion of the environment in conventional contractual mechanisms and by the emergence of new (pre)contractual techniques that are aimed at environmental quality and performance. The systematization of the integration of the environment into public procurement by means of legislative obligations coupled with inducements is leading to comprehensive « de lege ferenda » protection of the environment through public procurement
Batot, Steeve. "Le financement des contrats de la commande publique." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA020.
Full textThe funding for public procurement contracts is a pertinent question in the practice of contract law. Impecuniosity of public entities is driving a growing interest in public procurement law legislation.This study aims to report and account for the trend of financialisation how it affects public procurement law and, in particular, real estate law concluded by the public sector. Furthermore, this study highlights the flexible nature of the aforementioned legislations, which continuously adapt to the financial needs of the common good. This adaptation is an occurrence which implies certain traits regarding the process of financialisation. Moreover, this study may help to explain choices made by legislators.The phenomenon of economic adaptation is widely confirmed by recent European and national texts proposing reform of public procurement contract law.Nevertheless this report reveals certain inconsistencies in positive law, which is valuable to emphasize in the context of codification of public procurement legislation
Valette, Benjamin. "Recherche sur l'activité accessoire dans les contrats de commande publique." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1062.
Full textOften, ancillary to public order contracts, the beneficiary of such public order contracts develops an ancillary activity thanks to the means made available to them as part of these contracts. The purpose of this research is to analyse the legal questions raised by this practice, the aim of which is first and foremost financial. For certain operators, the aim is to use the contracts granting them a principal activity in order to develop an ancillary activity which will generate additional revenues.This ancillary activity was for a long time an exceptional phenomenon, hence the widespread ignorance by the doctrine which until now had not devoted any specific study to the subject. The research has revealed, on the contrary, that the ancillary activity is in fact frequent and widespread
Bontron, Marie-Charlotte. "Les fonctions des principes fondamentaux de la commande publique." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD009/document.
Full textThe principles of the Public Commission suffer a legal indistinctness, inasmuch as, aspiring to common purposes by means of identical legal instruments, none of the general objectives that they pursue together cannot be specifically connected to one of them. To mitigate this insufficiency of the substantive law, a new key to the interpretation of principles must be discovered. A detailed analysis of the substantive law reveals that the time constitutes the pivot of a certain legibility of the fonctions of the principles. Structuring Public Commissions Law, this element allows to identify different time pursuing specific objectives, of which the concordance with the principles allows to delimit the characteristic purposes of each.From this temporal application of the principles, it is possible to define their own fonctions, in this sense that each of the rules specific of Public Commissions Law can be connected to one of them. A confrontation of this temporal conceptualisation reveals that of this definition of appropriate functions, ensue positives implications of the Public Commission Law. On one hand, some latent grey areas of this branch of the law are clarified. On the other hand, the office of the judge of pre-contractual and contractual disputes is specified. A singular reading of the fonctions of the principles allows thereby to mitigate partially to the obvious complexity of the Public Commission Law
Camozzi, Armel. "Recherche sur les contrats de la commande publique à objet de développement durable : contribution à l'évolution du droit de la commande publique." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1031.
Full textPublic procurement and contribution to sustainability come, seemingly, from two distinct logics. On one hand, public markets function to meet the needs of public citizens. On the other hand, contribution to sustainability is traditionally dependent on legal, and not contractual, acts. However, public citizens increasingly use public procurement contracts to affect public policy on sustainability.This research identifies this phenomenon and shows that these contracts relating to sustainability are similar to a modification of the function of public procurement. Subsequently, they become instruments of environmental and social action for public citizens. This major change in the function of public buying is reinforced by the communal directives on public markets dated 26th of February 2014 and is recorded in the renewed definition of the domestic market. The success of this evolution necessarily implies a need for it to be accompanied by a legal reform in order for the complete efficiency of this opening up of public procurement to sustainability policies to be reached. Furthermore, this research will show that this regeneration of public procurement goes further than sustainability and reaches more widely into the sphere of other public policies. The whole body of public procurement law is as such affected
Wilinski, François. "L’évolution du droit de la commande publique en France et en Italie à l’aune du P.P.P." Thesis, Lille 2, 2015. http://www.theses.fr/2015LIL20004/document.
Full textHolistic expression as a means of action by the private sector to further the public sector, the publicprivate partnership could be perceived as revealing the erosion of the notional categories of public procurment contracts. However, the public-private partnership has not called into question the subject unity. In fact, on the contrary, the legal instruments of the PPP strentgthen it. This analysis can be verified in France as well as in Italy and the present study offers to analyse the legal signification of the phenomenon in both countries. The development induced by this notion confirms this trend. The comparative approach enables to understand the whys and wherfores of the development and formspart of the general theory of public contracts
Espressione globalizzata dei mezzi d’azione del settore privato al servizio del settore pubblico, il partenariato pubblico-privato potrebbe essere visto come rivela la dislocazione delle categorie del diritto dei contratti pubblici. Tuttavia, il partenariato pubblico-privato essa non pregiudica sulll'unitàdella disciplina. Invece, gli strumenti giuridici del P.P.P la rafforza. Questa analisi è confermata in Francia e in Italia ed lo studio permette di analizzare l'importanza giuridica del fenomeno in i due paesi. L'approccio comparativo utilizzato permette di capire questa evoluzione e può essere percepitocome un contributo alla teoria giuridica dei contratti pubblici
Woimant, Antoine. "Les contrats des autorités adjudicatrices privées : réflexion sur les évolutions du droit de la commande publique." Lyon 3, 2007. http://www.theses.fr/2007LYO33050.
Full textThe purpose of this study is to emphasise similarities and differences between rules enforceable to private entities and those applying to public entities relating to procurement procedure, particularly rules on advertising and rules dealing with how to put out to competition. Without challenging the private nature of such contracts, however it demonstrates that this formalisation process involves the enforcement of exceptional procedures differing from contract law. Determining the particular procedures applied to these private contracting authorities is at the really heart of the thesis
Perichon, Lukas. "Les entreprises françaises et la commande publique en Afrique." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLS364.
Full textContractual relationships between french-speaking african countries and french companies in the public procurement sector are formed under a complex network of national, regional and international rules breaking away from the historical french legal and administrative model. These relationships are maintained through ill-defined hybrid contracts that draw from public and international contractual laws and practices. They are integrated into legal and financial frameworks balancing profitability, public interests, environmental and social matters
Stathaki, Marianthi. "La rémunération du cocontractant de l'Administration dans les contrats de la commande publique : étude comparée : France, Grèce, Allemagne." Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D007.
Full textThe remuneration of the Administration's contractual partner in public procurement contracts is traditionally defined as its most important right. At the same time, it is an essential element of the contract, a condition of its performance, as well as an economic result. However, we are faced with a paradox : although remuneration is defined subjectively, its function requires an objective definition. This thesis questions the content of the above right to remuneration. The distinction between remuneration and counterparty led to a narrow definition, in the sense of a margin profit that the other party seeks to obtain as a result of the performance of the contract. ln this regard, questions are examined around the determination during the award procedure and the evolution of remuneration during the performance of the public procurement contract. Located in the heart of the economy of the contract, remuneration is a vector of the success of the contract itself, insofar as it ensures its durability, apart from the overriding aim of the Administration's contractual partner. This thesis demonstrates that both parties' interests to the contracts of the public commission are not necessarily contradictory. The comparative research between three Member States of the European Union has made it possible to highlight common conceptions of remuneration, due to forced convergence, mainly because of the application of European law. This convergence can lead to the adoption of common solutions with a view to improving the efficiency of public procurement contracts, an objective to which this thesis could contribute
Joulain, Elise. "Le contrat de partenariat : instrument de modernisation du droit des contrats de la commande publique ? Essai appliqué aux secteurs des infrastructures routières et ferroviaires." Thesis, Paris 9, 2013. http://www.theses.fr/2013PA090034.
Full textPublic private partnerships allows public and local authorities to entrust an conomic operator both with regard to the financing structures and equipment that their design, construction, operation or management of public services, failing to be owners and by paying the operator of milestone payments to be made during the term of the contract. Is this major analysis of this contractual structuring, particularly applied to rail and road sectors to conclude for the beginning of a modernization of law more precisely the contract for public purchasing ? This does not seem likely. In fact, depending on this aspect, it appears that public private partnerships, despite many hopes, has some difficulty in imposing like the cornerstone of the modernization of the law contract for public procurement. This revival has examined three fundamental aspects like procurement, financing and execution. This essay determined that if the public private partnership did not create a revolution, it nevertheless laid the foundation for modernization now underway, both in terms of funding and execution
Di, Francesco Dimitri. "La doctrine administrative de la commande publique." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020024.
Full textContrary to the tax doctrine, the administrative doctrine of public contracts, even though its foundation is old, has only recently been an object of study. However, being an essential tool for the administrations, the administrative doctrine demonstrates the unilateral nature of the public action because it is the instrumentum by which the Direction of Legal Affairs of the economic and financial ministries (DAJ) gives an interpretation of this technical law field. An empirical and prospective study of this administrative doctrine should lead to highlighting all these underground sources of public contrats on which all the actors relies
Koshurnikova-Borchtch, Anna. "L’obligation de mise en concurrence en droit communautaire et ses effets sur le régime de la commande publique en France." Paris 9, 2009. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2009PA090018.
Full textThe purpose of this study is to define the place of the obligation to put out to competition, which, according to the European Community public procurement laws must be respected during the procedures of public contracts awarding. Our study demonstrates that the obligation to put out to competition is the functional one and it should be considered as the way to guarantee the respect of the public procurement principles, as well as the efficiency and transparency of public funds. The obligation to put out to competition should not be confused with competition law that is also applicable in the field of public procurement. Generally speaking, the present study emphasizes the fact, according to which the introduction of European Community public procurement laws into the French national public procurement law system has influenced the public contracts legal terms, the categories of the public contracts, the procedures for the award of public contracts, as well as the control operated by courts and independent authorities
Picard, Patrick. "L'utilisation des contrats globaux de la commande publique par les collectivités territoriales de taille moyenne : le cas de la ville de Lourdes." Thesis, Pau, 2015. http://www.theses.fr/2015PAUU2008/document.
Full textComprehensive contracts in public procurement constitute a class of contracts that have been formed gradually since their creation and play a major role, for instance in the action of public entities and local authorities. Partnership agreements became the main element of this family of legal instruments. They superimposed to compose a group that is hardly comprehensible by territorial authorities, which minimise their utilisation and success. Analyses of the case of Lourdes, of projects led by local authorities as well as the use of comprehensive agreements by the government are all examples that highlight the necessity of carrying out a real overview of the situation. After a decade of practicing and observing the use of public-private partnerships, it appears that the necessity of translating the achieved assessment into a real clarification of the different types of public procurements is more important than ever. The adoption of public procurement directives and concession directives in 2004 and the order relating to public procurement setting up in 2015 bring out the pertinence of the subject as well as the importance of proceeding to a major reorganisation of the French public procurement law
Hautier, Aurélie. "La mise en concurrence des contrats publics : le cas du secteur ferroviaire." Thesis, Lille 2, 2019. http://www.theses.fr/2019LIL2D010.
Full textThe phase of weighing different alternatives in the public procurement process consists, for the rail industry, of examining the scope and use of public procurement contracts as tools in an era of impending privatization. The underlying reasoning behind the French Public Procurement Code is structured around a thematicapproach; the code first draws the broad distinction between public procurement contracts and concessions, and then proceeds to subdivide these into chronological themes corresponding to the different phases of public procurement. One of the initial phases consists of defining the public entity’s needs. During this phase, the contracting entity must, in particular, examine the full range of the solutions at its disposal to meet these needs. It is precisely during this phase of “weighing the alternatives”, in terms of available solutions, that the choice of the appropriate type of contractual arrangement is made. One of the first steps is to verify whether the public entity’s needs can be met internally through strategies such as internal public-sector relations (e.g. in-house provision, related companies, cooperation, joint ventures), as well as whether other entities ofthe group might be able to provide support through procurement synergies (including group purchasing). If this phase shows that turning to external entities is the best option, the choice of the appropriate contract still remains to be made. To make this choice, all of the available contractual arrangements and/or tools must be compared in light of a variety of criteria, which can include the intrinsic and extrinsic characteristics of the contracts themselves, such as the nature of the contract, the risks involved (legal or otherwise), and the impact of privatization
Preud'homme, Laura. "L'articulation des voies de droit dans le contentieux de la commande publique à l'initiative des tiers au contrat." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010304/document.
Full textAs the same time as the gradual formation of a «public procurement law», the litigation on the initiative of thirds to the contract underwent a profound transformation to such a point that the paradigm shift tends to bring to the foreground what it would be possible to call the « litigation of public procurement ». Various legal remedies more or less specialized in the penalty of the behavior of the administration in front of requirements of the public procurement have been established from then on. The pre-contractual interlocutory procedure, the contractual interlocutory procedure and the action challenging the validity of the contract are the archetypes of the litigation of public procurement. The penal judge and the financial judge indirectly also ensure that the advertising and competition rules which fall to the administration are respected. The judge of the abuse of power and the administrative judge following a prefectoral application for judicial review aim at the respect for this aspect of the contractual legality. The multiplicity of legal remedies available to the foreclosed competitor, privileged third, raises questions about h" « very wide choice » or his « embarrassment as such» to make use of. Besides, it emplies to focus on the effective protection of the right to have participated in a consultation process in the respect for the principles of the free access t public procurement, the equal treatment of candidates and the transparency of procurement process. The complexity c the litigation of public procurement on the initiative of thirds to the contract is such that it is impossible to be satisfied with it and leads to destroy to rebuild this litigation landscape
Lière, Sophie. "L'innovation technologique dans les contrats publics d'affaires." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020005.
Full textUnder the influence of European Union law, the « business public contracts » (i.e. contracts known as public procurement and concession contracts in EU law) are supposed to be a means of fostering technological innovation. However, the multiplicity of objectives assigned to these contracts, in particular the obligation of maintaining an open competition in awarding them, does not allow them to be an efficient tool for promoting innovation at their formation stage. It is the responsibility of the parties to take into account the main charasteristics of innovation, such as evolutivity and performance, to define their contractual relationships. The contract, taken as a means of anticipation, thus represents an efficient tool for promoting innovation
Gabayet, Nicolas. "Les contrats publics à l'épreuve de l'aléa en droit anglais et français." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1004.
Full textThe question of the treatment of uncertain/unforeseen events affecting public contracts seems to oppose in an immeasurable way English and French laws. While, in French law, general rules provide, in the public interest, the treatment of uncertain/unforeseen events affecting public contracts without the consent of the contractors, no such provisions exist in English law, where the sanctity and intangibility of contract prevails. Thank to this antagonism, the proposed comparison enables to highlight the deep motivations of the treatment of uncertain/unforeseen events affecting public contracts, through the theoretical opposition between sanctity of contract and public interest. In this respect, the general rules allowing, in French law, the treatment of the uncertain/unforeseen events without the consent of the parties appear to be based on an economic and teleological approach of the contract and its biding force. Surprisingly, the latter approach can also be noticed, in some respects, in the English law of contracts. Moreover, the priviledged mean to treat uncertain/unforeseen events in England as well as in France is the agreement of the parties – whether ex ante or ex post. Nonetheless, the possibilities of variating the contract in the course of its performance have been drastically limited by the European Union law. By contrast, the intial terms which tends to erect an autonomous regime of treatment of uncertain/unforeseen events through the spreading of standard terms appear to be the major and indispensable mean of adaptation of public contracts in the course of their performance
Hasquenoph, Isabelle. "Contrats publics et concurrence." Thesis, Paris 1, 2019. http://scd-rproxy.u-strasbg.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D237%26selfsize%3D1.
Full textThis thesis aims to thoroughly investigate the relationship between public contracts and competition. Analysing the confrontation of public contracts with competition highlights that these contracts represent a market economy activity. This confrontation takes shape in both dimensions of the competition : inside and outside the contractual framework. The award and performance of public contracts have an impact on the market, leading to a reassessment of the distinction between public authority and undertakings. This confrontation entails amendments within the rules of law applicable to competition and public contracts. On the one hand, competition rules are adjusted towards more flexibility in order to take into account the general interest impregnating the contract or the presence of a public person ; on the other hand, they are also reinforced in order to better appreciate the behaviour of public persons. As for public contract law, it appears to be a supply law, complementary to competition law. The general interest that has traditionally permeated the public contract regime does not appear to have been weakened : competition is indeed one of its components that must be reconciled with others. Historical analysis also helps putting into perspective the disruption brought about by European Union law : since the 19th century, the French administrative judge had the means to guarantee competition in the public contractual framework
Samb, Seynabou. "Le droit de la commande publique en Afrique noire francophone : contribution à l'étude des mutations du droit des contrats administratifs au Sénégal, au Burkina Faso, en Côte d'Ivoire et au Cameroun." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0326/document.
Full textCaught between the new reality of legal globalization, community integrationrequirements and the political, economic and social constraints of each state, the regulation ofadministrative contracts in French-speaking African countries has changed. The sources of suchregulation have been expanded. Its conceptual and material foundations have changed. A newsystem of public procurement has emerged. Trying to renew principles of transparency, as wellas freedom of acces to public procurement and equality, the new public procurement regulationprovides a body of common rules for public procurement, public service delegation contractsand public-private partnership contracts.First, in order to achieve this, it relies on a new interpretation of the notions on whichAdministrative Contracts Law is based. Second, the new public procurement regulationrepresents a recasting of award procedures, control mechanisms and dispute resolutionmeasures. The emergence of these new regulations follows reforms of Administrative ContractsLaw in the respective countries.The objective of this study is to analyze the actual contribution of provisions flowing from thesereforms, in order to see if they are contributing to ensuring that competitive ideology isincreasingly effective
Chamming's, Gaële. "Le droit français de la commande publique à l'épreuve du contrat de partenariat : du partage des risques à la Réforme de l'Etat." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40019.
Full textPrivate public partnership has noticeably been introduced in the French public law ofgovernment contract by the Act of 17 June of 2004 relative to Partnership contract. Largelyinspired from the Anglo-Saxon system and approved unanimously by the EuropeanCommission, it is noteworthy that prior to the Act private public partnership techniques wereofficiously already in used through different type of complex contractual settings. Subject toseveral reforms in 2008 and 2009, they were successively praised and criticized. Indeed, PPPhas been decried as affecting the national public procurement law and particularly because itsimplementation has been facilitated by different ambiguous construction regarding its capacityto fulfill public service missions.PPP innovates both by its contractual specificity with regards to the sharing of risk arising duringthe performance of contractual obligations and by its derogatory character due to the rule, whichhas frequently been reaffirmed by the Constitutional Court, that the use of PPP is subject tostrict conditions. The two aforementioned distinguishing features made this new contractualengineering a particular public contract law.Notwithstanding the lack of any legal definition of PPP, this research aims firstly to ascertainhow risk sharing, which is the pillar of this instrument, is the driving force behind thedevelopment of partnership contract. This research also aims to determine how PPP, throughits contractual technicalities, can be a tool in the reform of the State
Apsokardou, Eirini. "Le domaine de la loi et du règlement dans le droit des contrats administratifs." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020004.
Full textAccording 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
Lahouazi, Mehdi. "Le développement des modes alternatifs de réglement des différends dans les contrats administratifs." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3056.
Full textThe development of alternative dispute resolution in administrative contracts is a necessity. Indeed, the congestion of the administrative courts, combined with the need for a more consensual and calm settlement of disputes, pleads in favour of the emergence of an alternative justice. Nevertheless, the public order governing the activities of public bodies, and protected by imperative norms, requires that the development of alternative methods be regulated. As such, the study of positive law shows that this phenomenon is not unknown in the settlement of disputes concerning administrative contracts. For instance, the parties to a dispute can already freely resort to amicable methods (mediation, conciliation or settlement agreement), and some exceptions to the principle prohibiting public bodies from resorting to arbitration are provided for. However, the voids and shortcomings of the current system of alternative dispute resolution in administrative contracts (lack of proper status of the mediator, paucity of framework for inter partes conciliation, complexity of the concept of reciprocal concessions or, difficulty for the administrative judge to assert its competence in international arbitration...) make its understanding and implementation more complex and more prone to increasing public order violations. It is therefore necessary to propose a sustainable regime of alternative methods to ensure, on the one hand, the protection of peremptory norms of public law and, on the other hand, the freedom of the parties in the choice and conduct of an alternative justice. For that purpose, the future regime will have to authorize arbitration in administrative contracts and endow it with procedural guarantees taking into account its specific nature but also certain characteristics inherent in public entities and administrative law. Furthermore, the mediation and conciliation procedures will have to be improved in order to provide the parties with a flexible framework conducive to the conclusion of balanced and secure settlement agreements. Finally, this regime must definitively establish the role of the administrative judge. To this end, that judge may be called upon to assist the parties in the implementation of alternative methods (creation of an administrative support judge in arbitration, combination of interim reliefs with amicable procedures...). The administrative judge must also be responsible for checking the compliance of the alternative solution to the public order. This attribution of jurisdiction, which is resonates all the more in international arbitration, is fundamental for the protection of the public interest. It is only under these conditions that the development of alternative dispute resolution mechanisms can take its place in administrative contracts
Guilbaud, Thomas. "Le contentieux des tiers au contrat administratif." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D056.
Full textThe field of litigation by third parties to contracts has been undergoing major changes since the Tropic travaux signalisation decision was handed down. New developments have occurred almost on a yearly basis – the latest of which, the Département de Tarn-et-Garonne decision, has allowed third parties to fully challenge contracts. At the same time, in an attempt to limit the risks involved for the legal certainty expected by the contracting parties, courts apply multiple restrictive filters, which often results in the contract not being quashed, or even in the absence of any sanction.The paper contains an overview of the current state of applicable rules, with a particular emphasis on the continued - albeit limited - use of the traditional action for misuse of authority (recours pour excès de pouvoir). If then considers possible improvements to litigation by third parties to contracts. These improvements go through a unification of the existing actions. Our proposal is to create a pre-contractual action that would be available to any interested third party, along with a contractual action whose admissibility would be more limited. It is also envisaged to extend to these new actions the power to impose financial penalties that is currently limited to contractual fast-track challenges (référés contractuels). Indeed, this sanction allows a conciliation between the legal certainty expected by the contracting parties and the respect of the principle of legality pursued by third parties. Its use should target mere formal defects, as courts currently lack an adequate power in this case, without setting aside the contracts
Ajjoub, Muhannad. "La notion de liberté contractuelle en droit administratif français." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020016.
Full textConcluding on the subject of freedom of contract in French administrative law is not easy. It depends essentially on how to raise the issue. So if the question is whether public persons have, as individuals, contractual freedom, the answer, in the best case is that this is a special character to freedom. Indeed, in practice, this freedom is very limited, its manifestations are marginal, which prevents us from truly speaking of a "happy freedom." But if the question is whether the French administrative law, from its peculiarities, its originality and its normative rules can recognize such freedom in favor of public entities, then the answer is negative. The public interest, the prerogatives of public power, competence, sovereignty, efficiency of public procurement, proper use of public money and the fundamental principles of public procurement, etc., are fundamental obstacles not only to the recognition of freedom of contract to public persons but also to the effective exercise by them. Some authors have concluded on the contractual freedom of public persons that "in theory it exists but in practice, nobody really ever met it"
Deroudille, Alexis. "Les conditions de l'exception "in house" : contribution à une théorie du contrôle public sur les opérateurs dédiés." Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1009.
Full textNo summary available
Lekkou, Efthymia. "La transparence et la commande publique." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30101.
Full textTransparency, through its multiple applications by the european judge, has become a general principle of european law. Its legal basis resound its purview, imperative and suppletive, its personnal et material scope, as well as its progressive extension and its restriction to the vertical relationships developed between contracting authorities and economic operators. Transparency is attached directly to potential bidders fundamental freedoms whose its provides legal protection. It is attached indirectly to the principle of free competition by the elimination of private barriers to the free movement of economic activities. Thus, in the service of an immediate finality, transparency guarantees access to public procurements and, in the service of a mediate finality, it protects the market structures of public procurement. The general principle of transparency gives then rise to contracts of public order (contrats relevant de la commande publique) which take over public contracts. Instrument of integration and structural element of the internal market, this new generation of contracts materialize access to public order (commande publique), that constitutes a sector of economic activity as part of the internal market
Gondran, de Robert Nathalène. "La commande publique spécifique aux investissements hospitaliers." Paris 11, 2004. http://www.theses.fr/2004PA111024.
Full textMarty, Frédéric. "Réglementation et commande publique : Analyses économique et juridique." Habilitation à diriger des recherches, Université de Nice Sophia-Antipolis, 2007. http://tel.archives-ouvertes.fr/tel-00270535.
Full textLes premiers travaux de recherche se concentrèrent sur deux domaines d'applications. Le volet regulation a fait l'objet de travaux sur la réglementation des industries de réseaux en cours de libéralisation. Le volet procurement a, quant à lui, été initialement abordé sous l'angle de l'analyse économique des marchés publics. Ces travaux, entamés pour les premiers à l'occasion de la thèse de doctorat et pour les seconds dans le cadre d'un contrat de recherche pour le compte du ministère de la Justice, furent respectivement prolongés par des recherches sur le thème de l'encadrement des aides publiques et sur celui des contrats de partenariats public-privé.
Les directions de recherche actuellement explorées suivent encore ces deux axes mais renforcent les dimensions reliées à l'économie du droit et de la concurrence pour le premier ensemble et s'orientent vers des préoccupations de finances et de comptabilité publique pour le second.
Il s'agit, en effet, pour un premier ensemble de travaux, de s'intéresser aux décisions de la Commission européenne en matière de mise en œuvre des politiques de concurrence, notamment dans le domaine du contrôle des concentrations ou des alliances horizontales entre firmes. Ces travaux conduiront à s'attacher aux critères économiques utilisés par la Commission et aux effets des contrôles de ses décisions par le Tribunal de Première Instance et la Cour de Justice des Communautés européennes. Il conviendra ensuite de confronter les dispositifs institutionnels et les pratiques qui en découlent (via les décisions de la Commission et les arrêts des tribunaux) avec celles en vigueur outre-Atlantique.
Un second ensemble de travaux porte sur les effets de l'encadrement comptable et budgétaire des contrats administratifs, aux premiers rangs desquels les contrats de partenariats public-privé. Il s'agit notamment de s'attacher aux modalités d'enregistrement de ces derniers tant dans les comptes publics au sens de Maastricht (dans le cadre des prescriptions d'Eurostat), dans la comptabilité patrimoniale de la collectivité publique (dans le cadre des exigences de la Loi Organique relative aux Lois de Finances - Lolf), que dans les comptes sociaux du prestataire privé (dans le cadre de l'application des normes IFRS). Il convient de s'interroger sur l'existence de stratégies de dissimulation de la dépense (et de la dette publique) au travers de tels montages. De telles stratégies de comptabilité publique créative (transfert d'engagements financiers de long terme en hors bilan) peuvent induire deux risques. Ils peuvent tout d'abord conduire à des distorsions dans le choix des instruments contractuels de la part de la collectivité publique (lesquelles viseraient plus à satisfaire des règles budgétaires telles le Pacte de Stabilité et de Croissance qu'une optimisation intertemporelle de la dépense publique). Ils contribuent à dégrader de ce fait la transparence des comptes publics. Ainsi, l'analyse du cadre comptable et financier dans lequel s'inscrivent de tels contrats ouvre sur une problématique des risques sous-jacents pour les finances publiques et sur le contrôle des pratiques de comptabilité créative, que celle-ci soit envisagée du côté de la collectivité publique ou de sa contrepartie privée.
Brackman, Daphné. "La simplification du droit de la commande publique." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30045.
Full textThe study of the various causes of the complexity of public procurement law determine the minimum unavoidable level of complexity to keep, the remaining complexity is useless and must therefore be abolished, or at least, modified. More specifically, the causes of the complexity of this law objectively come to the difficult rationalization of the latter. They are quantitative or qualitative. But all this complexity is mainly because subjectively its causes result from the difficult settlement of conflicts of interest by that law. Indeed, first, the objectives of this law are discussed. Then, the society gives different points of view on this law. Finally, we note a diminished effectiveness of the right to a judge in matters of public procurement, which affects the applicants. It is then necessary to analyze the multiple ways and means of simplification of public procurement law in order to find the maximum unavoidable level of simplification. Therefore, the rest of the simplification is unnecessary, infeasible. These ways and means should be used to better rationalize this law according to two approaches, one quantitative and the other qualitative. However, any simplification of public procurement law must be made primarily from a subjective point of view. More specifically, ways and means of this simplification must allow to better resolve conflicts of interest. Indeed, one can clarify the objectives of public procurement law, regulate in a measured way the diverse points of view of society on this law and strengthen the effectiveness of the right to a judge for the applicants
Hammoud-Chobert, Serghinia. "Les partenariats d'innovation en droit de la commande publique." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0491.
Full textPublic procurement is being seen increasingly as an instrument of innovation policy. With this in mind, the new 2014 European Union directives on public procurement introduces a new public procurement contract of « innovation partnership », has tranposed into national law by decree n° 2014-1097 of 26 september 2014, which concerns simplification measures applicable to public procurement contracts. This new market combines the researche and purchase innovative product, service or works and that are unavailable on the market. This present work aims firstly to demonstrate the contractual originality of the innovation partenschip approaching the economic and competitive reality of the market and, on the other hand the illusion of a novelty in the public procurement procedures, insofar as this procedure approximates the existing procedures notably the competitive dialogue and the former markets negotialted with publicity and competitive tendering. Similarly, the innovation partnerschip raises many questions of legal status of intellectual property, the distribution of risk, and so on, and the introduction of a genuine innovation procedure of fluidfication of the procurement of innovative public procurement
Gisbrant-Boinon, Cindy. "La sécurité juridique en droit de la commande publique." Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOD004.
Full textDenoix, de Saint Marc Stéphanie. "Le contrat de commande en droit d'auteur français." Paris 2, 1997. http://www.theses.fr/1997PA020064.
Full textArtistic or creative work carried out "on order" is quite a paradox : artists and authors need a certain amount of freedom to create a work, yet at the same time may be bound by a contract which more or less restricts that freedom. Although a contract may restrain the artist's freedom, it may also end up stimulating the creative process. As an expression of the parties agreement, how can the french contrat de commande be classified? although the specific nature of this contract must be taken into account, a sui generis definition need not be retained. Indeed, the french rules governing the category of "contracts for work" (contrat d'entreprise) are flexible and broad enough for work ordered through a contrat de commande to be easily classified here, without such contract losing any of its original features. As contracts of this type can fall into the category of contrat d'entreprise, rules in this category of contract will apply, such as those applicable to setting prices and the unilateral right to terminate the agreement in favor of the party who ordered the work. Due to the very object of work ordered under a contrat de commande and due to the fact that in most cases, one of the parties is acting in the capacity of an author or is engaging in creative work, rules protecting literary and artistic property rights must also be examined, as they may conflict with rules applicable under french law of contract. These protective provisions include rules whereby an artist cannot be bound by contract to sell all of his or her future works, artists have the right to release their work (wich allows them to refuse to deliver a work they are not satisfied with), as well as rules which help artists and authors seriously consider the extent to which they plan to sell or transfer their property rights. However, artists and authors can be overprotected which is damaging to them. Therefore, when the work ordered is to be used or exploited and the law does not contain specific provisions to this end, it appears more useful to attempt to strike a balance between the parties interests
Vahid, Madjid. "Analyse séquentielle des politiques publiques : l'exemple des contrats emploi-solidarité." Rennes 1, 2000. http://www.theses.fr/2000REN10419.
Full textChampy, Florent. "Commande publique d'architecture et marche du travail des architectes : la politique architecturale de l'assistance publique des hopitaux de paris." Paris, EHESS, 1995. http://www.theses.fr/1995EHES0068.
Full textThis work deals with the evolutions of architectural public policies and their consequences for architects since the beginning of the 70s. The main aspects of the policies that are considered here are the choice of the architect, the allocation of ressources and the sharing of power inside the administration, the negociation of the projects and the part professionnals take in them. These questions are studied from an interactionist point of view. Interviews, direct observation and consultation of records show how the concurrence of other actors (ingeneers and programmists mainly) have jeopardized the part architects take in the work of conception, and therefore their qualification. This work is both a contribution to a better knowledge of a profession that had not been studied in france since the 70s, and a reflexion on the theoretical problem of the articulation between organisation and market
Friedrich, Clemmy. "Histoire doctrinale d'une mise en discours : des contrats de l'administration au contrat administratif (1800-1960)." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10039/document.
Full textThere is a history of administrative contracts that is commonly shared by the legal experts. Developed at the very time when their theory was designed, it argues that the Council of State would have conceptualised the administrative contract in the first years of the 20th century, before the emergence of a general theory proposed by Gaston JÈZE, then Georges PÉQUIGNOT and André de LAUBADÈRE. From this perspective, the administrative law specialists of the 19th century would have been unable to think the administrative contract. If we unquestionably agree that the administrative contracts theory is contemporary with the inter-war period, these specialists did not lack of interest in the administrative contracts according to their very own preoccupations. On one hand, the administrative contracts theory, the paternity of which being traditionally attributed to Gaston JÈZE, is shaped by the inter-war period. The contrast between this time and the “Belle-Époque” period brings to light the motives behind the will of some administrative law specialists to stand up for this idea – unintelligible until then – that there could be two different kinds of contracts (part 2). On the other hand, the administrative law experts of the 19th century focused their worries about the contracts of the administration on contemporary issues. Whether it be to characterise the administration and its jurisdiction, or be it to develop representations of the administrative law. Without constituting a general theory that would emphasise their unity, the contracts of the administration were used to discuss the administrative law, so much so that they were a vector of its dynamism (part 1)
Juhan, Michel. "L'autorité publique indépendante de régulation de la communication audiovisuelle." Dijon, 1994. http://www.theses.fr/1994DIJOD002.
Full textThe study of the independent public authority, which is competent to regulate audiovisual communication reveals the appearance of a new form of public intervention in a sectory which is sensitive to the exercice of liberties. The specific characteristic of this non-governmental state structure doesn't lie so much in its protector status (which only gives it a relative autonomy of action) but in its reasons for being: ratifying the political emancipation of the regulated sector and promoting a diversification of the audiovisual offer. In this spirit, the regulation evokes a multiform intervention which borrows from the administrative and jurisdictional functions while using more informal and less strictly juridical procedures which work towards the exercice of a "moral magisterium". This mixing of functions has a normative finality (in a large meaning) obtaining clearly defined behaviours from audiovisual communication professionals
Treguer, David. "Les Biocarburants : une analyse d'Economie Publique." Phd thesis, Ecole Polytechnique X, 2008. http://pastel.archives-ouvertes.fr/pastel-00004413.
Full textKalflèche, 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.
Full textJasmin, Denise. "La ville, l'administration et l'architecte : commande publique et architecture à Marseille, 1830-1870." Aix-Marseille 1, 1990. http://www.theses.fr/1991AIX10008.
Full textBlanchon, Clothilde. "Recherche sur la subvention : contribution à l'étude du don en droit public." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0446.
Full textThe issue of the legal definition of grant has long been blotted out and constrained. Nowadays, in a context of confusion between this notion with the closely related notion of public procurement, it is more than necessary to tackle it. A single distinctive feature seems efficient to isolate itself from this nearby type: its very nature of public gift or, to employ the French “civil law” terminology, its quality of “gratuitous act”. The research for the two elements used in French private law to identify such an act proves to be conclusive. Furthermore, it reveals the specificity of this item in public law. Animus donandi can originally be combined with general interest, and this raises grant as a real gift with charges of public law. Public gift, as specific as it is, fashions the rules applied to grants. It provides this notion with a genuine legal status, which turns out to be consistent and intelligible. The funding mechanism is ruled by the concept of general interest, and its implementation is governed by its conditional quality. Grants proves to be a public gift, and it is ruled as such. This conclusion couldn’t have been reached without meeting with the heuristic value of the concept of public gift
Pezon, Christelle. "La gestion du service de l'eau en france. Analyse historique et par la theorie des contrats (1850-1995)." Paris, CNAM, 1999. http://www.theses.fr/1999CNAM0315.
Full textJouffroy, Bruno. "Les prérogatives de puissance publique." Thesis, La Rochelle, 2012. http://www.theses.fr/2012LAROD030.
Full textAt a time when administrative law has become « common place », it is with a renewed interest that one should to ponder about the specificity of this law, its outrageousness. The prerogatives of the public authorities are at the heart of this issue. Our study will show that the prerogatives of the public authorities are within the scope of the functional notions. However, despite our research, we cannot firmly assert that the prerogatives of the public authorities are a conceptual notion. No general criteria can define these prerogatives as they are diffused and contingent. They do not have an abstractly determined content once for all. Their content changes with the evolution of administrative law. We can, however, try to give a definition as a basis, that is to say a definition which would gather a majority of prerogatives, without including them all. The prerogatives of the public authorities would then be defined, for most of them – concept of hard core – and not in their totality, as outrageous means of action or of protection of the ordinary law, resulting from the public authorities, held by a person in charge of administrative action so as to satisfy the general interest. Yet, this definition as a basis contains some inaccuracies. That is why the prerogatives then are not a conceptual notion in their totality
Salcedo, Castro Myriam. "L’arbitrage dans les contrats publics colombiens." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020028/document.
Full textEven though Colombian and French administrative law are grounded on the same principles, Colombian administrative law did not adopt the stance that public legal bodies are prevented from agreeing arbitration clauses and submitting their disputes to arbitration. Colombian case law has recognized arbitration clauses in relation to disputes arising out of public contracts, even when there is no specific legal authorization to do so. The principle of the rule of law, the continuity of the provision of public services, the public interest and the existence of a specialized administrative jurisdiction, are the foundations of public contract law. Nevertheless, public contract law is implemented under the aegis of contract law and it shares essential aspects of arbitration law: the autonomy of the parties free will and freedom of contract. Since 1993, Colombian law has not imposed any limit on the arbitration of disputes arising out of public contracts, even if former laws did so. Could this legal progress be construed as granting similar jurisdiction to arbitrators and administrative judges? Is general arbitration law suitable for the needs of the settlement of disputes arising out of public contracts? What is the scope of this change for the international arbitration of disputes arising out of public contracts? Despite the apparent contradictions, the essential tenets of public contracts, do not conflict with the key components of arbitration. The jurisdiction of arbitrators is confined to “contentieux subjectifs”. Colombian case law has developed since 1964 and has been consolidated over time, allowing us to evaluate to what extent the arbitration of disputes arising out of public contracts is an effective and efficient tool for public administration
De, La Torre Luis. "La fabrique des territoires de l'action publique : l'avènement des Contratos Plan en Colombie." Thesis, Montpellier 3, 2018. http://www.theses.fr/2018MON30052/document.
Full textThe Colombian Government has implemented the “Contratos Plan”, a public policy instrument directly inspired on french territorial contractualisation device "Contrats de Plan Etat Region". The "Contratos Plan” become "Contratos Paz", will be used in the post-conflict phase to implement the territorial component of the peace agreements signed between the FARC guerrilla and the Government in September 2016. This research studies the policy transfer process which gave rise to the creation of the measure and the consequences on planning development and restructuration of the Colombian territorial governance
Couret, Magali. "La production de l'œuvre publique d'art contemporain." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010256/document.
Full textContemporary art transgress, it is a fugitive art, which we remember thanks to our memories, to photographs and protocols owned by institutions, ready to be revived. The contemporary work of art is dematerialized and located in-between many fields of creation. That is why legal experts have troubles understanding it. Nowadays, a sole artist does not make the work of art anymore. Although, it is the result of the work of a team, gathering multiples professionals, who divide the creation of the work of art up in many phases. That phenomenon is called « production of art». Thus, contemporary art is a complex subject for the law, which is still focused on the form and materials constituting the work of art, instead of being focused on the ways it is produced. The artistic production is regulated by customs, which tend progressively to take advantage on the law. In fact, this creates divergent practices and interpretations of the rules. Plus, the law and the customs sometimes tend to overlap, and no one knows which one should be applied. The question we try to answer in this thesis is how is it possible to reduce the gap between the professional practices and the law, in pursuing the goal to bring legal security in the artistic production, and most specifically, in the field of public call for artists
Bezançon, Xavier. "Essai sur les contrats de travaux et de services publics : contribution à l'histoire administrative de la délégation de mission publique." Paris 12, 1997. http://www.theses.fr/1997PA122009.
Full textThe history shows the permanence of public contracts : firstly some contracts include a delegation given by public authority to a private company, in two fields (use of public ground and public equipment) in which an investment is done by private means. These contracts are complex and long term ones. They include design build finance and operation. Secondly the contracts of public prouvement (of fournitures works and services) and tax delegation are short term and mere contracts. They know large rules and strong control, their operation is driven by public authority and do not include any long term investment. The story shows one hundred original contracts between the 13th century and the 20th century. The public contracts have received many various supports due to the different kind of public management during the times. They depend on the politic organisation, the statute of the public ground, the public freedom and the conception relative to each period concerning the public works and public utilities
Terrieux, Agnès. "Les territoires de référence dans les CTE (contrats territoriaux d’exploitation)." Toulouse 2, 2007. http://www.theses.fr/2007TOU20043.
Full textWhen the French government decided to have a new Agricultural Act voted in 1999, it used the word « territory » as an incentive for farmers and extension workers to find a new way to interact with the whole society. Taking into account that the status of agriculture in the contemporary rural communities was at stake, farmers and extension workers in Aude and Tarn have tried to work on a renewal of the ways and means of the word “territory”. In this work I point out how people dealt with the different means of the word “territory” to build a common ground on which to build new ways to share the rural space, live, work, network in an extended and open community aiming at local and global sustainability
Bridoux, Vincent. "Droit de la commande publique et droit de la concurrence de l'Union européenne : étude sur une dynamique commune." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D073.
Full textPublic procurement law and European Union competition law are now two of the main pillars of economic law. Competition law ensures free and undistorted competition in the internal market by protecting it from obstacles from both private and public entities. Public procurement law is intended to regulate a market representing 14% of Europe's gross domestic product.These two subjects are autonomous and seem to ignore each other. However, a careful analysis reveals the existence of actual convergences between them. The proper functioning of the market which purpose is to protect competition by merits, liberties and finaly the well-being of the European Union, is a common dynamic in these two areas. By doing so, both materials contribute to conservation of competitive public order. Their many complementarities, such as the defence of a competitive market structure, economic efficiency and the prevention of anticompetitive behaviour, demonstrate this. The specific objectives of competition law are reflected in public procurement law, while competition law protects the objectives of public procurement law. Similarly, despite several potential areas of confrontation related in particular to the control of State aid, the application of the law of anticompetitive practices against public purchasers or concession authorities, public procurement law and competition law seem systematically to agree on the preservation and development of effective competition. The Altmark case law, or the rigour of the criteria for public-public cooperation, testify to the daily proximity between these two subjects and their ability to enrich each other
Creissen, Claire-Lise. "Alès, architecture et urbanisme au XIEe siècle : au travers de la commande publique et des bâtiments d'intérêt public." Aix-Marseille 1, 2003. http://www.theses.fr/2003AIX10008.
Full textArmbruster, Néda Bracq Stéphane. "L'impact du droit communautaire sur les relations entre l'Etat et les entreprises chargées d'un service d'intérêt économique général vers une contractualisation des obligations de service public ? /." [S.l.] : [s.n.], 2006. http://edoctorale74.univ-lille2.fr/fileadmin/master_recherche/T_l_chargement/memoires/intercomm/armbrustern06.pdf.
Full text