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La maitrise d'œuvre dans les marchés publics des collectivités locales et de leurs établissements publics

Abstract : The local communities and local public institutions have a tendency to appeal to external bodies to realize their projects. This situation is not unique, it's possible to discern it in some others domains, under the legal form of the delegation. We speak of privatization rather than delegation for the "maitrise d'oeuvre". This term of privatization means that persus requested by local communities are private "maître d'oeuvre" rather than public "maîtres d'oeuvre". On the basis of this constatation, several upheavals can be identified within the different administrations. This privatization will be reinforced by the role attributed to the principle of cunsensualism, the principle of "autonomie de la decision" ant the initiatives realized with the competitive rules, at the national and comminatory levels. The consequence is an ineluctable need for transparency. The transformation of the "maitrise d'oeuvre" observed within the signing is also catched through the execution of public markets. Consequence of the privatization, it's possible to discern a "publicisation" which is conceivable when we examine the opposite interest of the "maitrise d'oeuvre". Local communities and public institutions have requirements commanded by general interest, and by the requirements of public service of which public markets of "maitrise d'oeuvre" aim at faciliting it’s functioning. The publicisation of the execution is also characterising by the application of traditional principles of administrative law. Nevertheless it will be more or less asserted accord the phase during which we are situated: stressed within the market's realization the publicisation will be more relativized in the settlement of the administrative liability of the “maitrise d'oeuvre".
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Submitted on : Tuesday, April 24, 2018 - 4:10:02 PM
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  • HAL Id : tel-01777056, version 1



Nadine Dantonel-Cor. La maitrise d'œuvre dans les marchés publics des collectivités locales et de leurs établissements publics. Droit. Université Nancy 2, 1992. Français. ⟨NNT : 1992NAN20008⟩. ⟨tel-01777056⟩



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