BOOKS: GUÉZOU Olivier, Le Moniteur, coll. Référence juridique, 2015, 662 p.

Traité de contentieux de la commande publique, Olivier GUÉZOU

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Public procurement law is undergoing a profound change that is well symbolised by the order of 23 July 2015 on public procurement. This change in the sources, concepts, categories and substance of the law resonates with the evolution of administrative contract litigation, the architecture of which has been totally rethought in just a few years. The logic of appeals, the reasoning followed and the office of the judge now make it possible to better take into account the richness of these particular contracts whose economic dimension is combined with public action and the general interest. The claimant is placed at the heart of the action, the contract being the chronological tipping point from one logic of protection to another. For competitors who have been squeezed out, the award and its impact on the contract, according to a dynamic of free access to the economic market. To the parties, the contract and its execution, according to an approach centred on the protection of consents and contractual loyalty. Finally, for other third parties, various considerations of general interest (environment, local finances, public service, etc.) justifying the existence of a third type of administrative litigation, which is regulated and developed. But ordinary law litigation cannot do everything, and the specific features of public procurement contracts require the protection of economic public order and probity, according to a repressive logic punishing anti-competitive practices and the criminal offence of "favouritism". The Public Procurement Litigation Treaty respects this new architecture and combines a precise study of the applicable rules with a perspective of the general logics that guide them. It thus offers the reader simplified access to information by allowing him to enter the part that concerns him more directly, depending on whether he is acting as a competitor who has been ousted (Part 1), a party to the contract (Part 2) or is interested in another dispute (Part 3). The work is addressed to all those who award and execute public procurement contracts, contracting entities and authorities, contractors, suppliers, providers or public service delegatees, as well as their advisers. Researchers and Master students will also find it a valuable support for their work and for the preparation of competitions, in particular for lawyers and administrative magistrates.

The plusses of the book :

  • A complete view of litigation relating to public procurement contracts.
  • It provides an exhaustive analysis of the case law and doctrine...
  • A further study of the violation of competition law

For whom? The book is for:

  • all those who award and execute public procurement contracts, entities and contracting authorities,
  • to contractors, suppliers, service providers or public service agents, as well as to their advice,
  • to researchers and Master students.

PDF Version

Author

  • University of Paris I Panthéon-Sorbonne (Paris)

Quotation

Stéphane Rodrigues, Traité de contentieux de la commande publique, Olivier GUÉZOU, February 2016, Concurrences N° 1-2016, Art. N° 77980, p. 265

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