"Administrative Contract Litigation: Jurisdiction and Recourses in French Public Law"
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Themes
Administrative contract, public law, contractual freedom, administrative judge, contract formation, execution measures, nullity appeal, validity challenge, public entity, public service, public procurement, concession, Public Procurement Code, contract termination, excess of power, third-party recourse, abuse of power, full jurisdiction appeal, administrative litigation, contract law, public works, public domain, legislative texts, regulatory clauses, contract balance, contract execution, contentious proceedings, jurisdiction, administrative law, public administration, contract dispute resolution, French administrative law, Council of State, CE, public contracts, contract award, signaling contract, Pointe-à-Pitre airport, Tropic Travaux Signalisation, Société France 5, Syndicat des propriétaires et contribuables du quartier Croix de Seguey-Tivoli, Axa France, Époux Bertin, Société des granits porphyroïdes des Vosges
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Abstract
Unlock the complexities of administrative contracts with expert insights into their formation, execution, and litigation. Discover how the administrative judge ensures balance and fairness in public law contracts, and understand the rights of parties and third parties involved. Learn about the restrictions on contractual freedom, contentious proceedings, and the role of the Council of State in shaping administrative contract law. Dive into the nuances of public procurement, concessions, and the execution of public works, and stay informed about the latest developments in this critical area of public
Extract
[...] The office of the judge seized is rich in the heritage of previous jurisprudence (that of the judgment [...]
[...] Finally, the Council of State has extended the solution Tarn et Garonne to the decisions of refusal to terminate the contracts (CE June 2017, Syndicat mixte de promotion of cross-Channel activity). Third parties, who could previously attack them through a recourse for abuse of power, lose this possibility. On the other hand, they can now ask the contract judge, seized under the title of a full jurisdiction appeal, to terminate the said contract; a judge who has corresponding powers, mutatis mutandis, to those provided by Tarn et Garonne. [...]
[...] The judge is also a good guarantor of the balance of the administrative contract at the time of its formation; he is also at the time of its execution. II- The administrative judge, guarantor of the balance of the administrative contract at the time of its execution The non-execution of administrative contracts is derogatory to common law. This is due to the fact that the administration is not a co-contractor like any other in view of its particular mission: the satisfaction of the general interest. The parties are not, therefore, placed in a situation of equality, as is the case in private law. [...]
[...] The parties to the contract cannot bring an action for abuse of power against the execution measures of the contract December City of Paris). The judge began by tempering for reasons of opportunity the principle of prohibition by recognizing to the parties the possibility of obtaining the annulment of execution measures, with regard to limited categories of administrative contracts. The jurisprudence Béziers II (CE March 2011, Commune of Béziers) could lead to revisiting the contentious issues of the measures of execution of the contract. [...]
[...] These latter ones, in fact, fall under a strongly derogatory regime from private law. The contentiousness of contracts is administrative (subject to the recourse opened before the civil jurisdictions against the rare private contracts of public procurement; of what concerns the penal aspect; and knowing that the administrative judge also has competence heads regarding the private law contracts of the administration, under the theory of detachable acts). The competence of the administrative judge is, sometimes, very - or even too - extensively understood. [...]
