Publication date: 05/10/2021
Extent: 834 pp
Series: Manuel - Public Law
François Lichère and Laurent Richer
In this handbook, which has already been used by several generations of students and practitioners, the general regime of administrative contracts is studied on the one hand, and on the other, the main special administrative contracts and, in particular, the contracts governed by the 2018 Public Procurement Code.
Given the fundamental role of the administrative judge in defining concepts and rules, one of the main purposes of the book is to present, explain and critique case law.
Regardless of the importance of case law, written law, both national and European, has an increasingly important place. In the absence of a general Code of public contracts, written law is primarily the law of special contracts, the most important of which are public contracts.
In this respect, the book is up to date with the important reforms brought about by the Public Procurement Code which came into force on 1 April 2019 and by the CCAGs on Public Procurement which came into force on 1 April 2021.
These new texts marked a turning point, without, however, changing everything. The law on state occupations has also undergone significant changes. The new texts are analysed in terms of their genesis, content, scope and application.
From a litigation point of view, the Conseil d’Etat’s decision of 4 April 2014, Département du Tarn-et-Garonne, put an end to the century-old theory of the detachable act of the administrative contract. Case law is constantly clarifying how to use the new remedy and other remedies in the context of contract performance.
This 12th edition has been the occasion of a major revision of the book, which made it possibile both to put the changes into perspective and to better summarise the state of the law, in particular by highlighting the rules common to public contracts and concessions.