Administrative contracts, jurisprudential criteria, organic criterion, material criterion, public law, contract law, Electricité de France, entreprises locales de distribution
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Abstract
This document discusses the identification of administrative contracts, including those determined by law and jurisprudential criteria.
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[...] Agents you SPA : Traditionally, according to that their employment the made them participate or not in the execution of the SP. TC Dame Widow Mazerand 1963 work at the household, at the maintenance of premises, private law agent. daycare = public law agent. Revirement of JP TC 1996 Berkani: agent + SPA = agent public the personnels contractuels working for the account of an administrative public service are public contract agents, regardless of their employment. [...]
[...] EDF Contract (public entity at the time) and private electricity producers. On va to have a refus of contracter with this company. CE deducted from the fact of the mandatory nature of contract conclusion + intervention of the minister = extraordinary regime of common law, administrative contract III. The contracts of recruitment Agents of SPIC : Agents of private law except the director of the service public industrial commercial and the accountant if is a public accountant = public agents. Decision Robert Lafrégeyre 1923 CE. [...]
[...] Leduc CE Decision Theory of the Transparent Association: CE Commune de Boulogne Billancourt = commune in control of its organization, its functioning, and its finances. Finally, if transformation of a public person into a private person, contract remains administrative. The material criterion Criterion of service public Principe : if and a execution even of the service public, the contract will be an administrative contract. CE, Sect April 1956, Spouse Bertin : if the contract entrusts the execution even of the SP to the co-contractor. CE, Sect April 1956, Consorts Grimouard : the the contract itself has as its object the execution of the SP. [...]
[...] « Are brought before the administrative jurisdiction the disputes related to the transfer of the state's immovable property. While the cessions of the communities are subject to the private judge. Other examples subsidiaries : The contracts d'achat d'électricité conclus « by Electricité of France and the enterprises locales of distribution are of administrative contracts » The contracts « aided » like the contracts « jobs solidarity or « emplois youths » = of right private. II. L'identification of contracts administrative by criteria jurisprudential The organic criterion Principle It must be a public person a party to the contract : TC of 1969 Société Interlait = two people private who pass a contract, even if one of them participates in a SP mission = no organic criterion, therefore private law. [...]
[...] In this case, a contract between the social welfare office and HLM regarding the rental = a private law contract. Exception to the exception : when well even the object of a A contract concluded between two public persons is private law, if the contract contains exorbitant clauses or participates in the execution itself of the SP then it will be an administrative contract. Judgment of the TC of 1999 Commune of Bourisp: contract concluded between two municipalities but which concerns the management of the private domain of one of the municipalities = therefore private law relationships. [...]
