CASE COMMENTS: PUBLIC SECTOR – CONFLICT OF INTEREST

Public procurement: The French Supreme Administrative Court defines the criteria for identifying a conflict of interest affecting the regularity of an award procedure for a public contract and the means to prevent the conflict (Applicam)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Jean Guitton considered that to be in the wind is to have the fate of dead leaves. It is to be hoped that the notion of conflicts of interest, which is currently the subject of an abundant literature, will not meet such a fate (see in particular, "Les conflits d'intérêts", Pouvoirs n° 143, Nov. 2013). The stakes involved in this notion are indeed crucial: the identification of a conflict of interest implies not only a questioning of the impartiality of public action, and potentially, that of the respect of equality between citizens, but also, very often, a parasitic interference of the general interest by one or more particular interests (see the definition

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Grégory Marson, Public procurement: The French Supreme Administrative Court defines the criteria for identifying a conflict of interest affecting the regularity of an award procedure for a public contract and the means to prevent the conflict (Applicam), 14 October 2015, Concurrences N° 1-2016, Art. N° 77947, pp. 219-220

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