Publication date: July 2023
Extent: 379 pp
La Chaire de droit des contrats publics (the Chair) of the University Jean Moulin Lyon 3, published in July 2023 the report ‘Modification des contrats de la commande publique’ (Modification of public contracts). This report is the result of a study conducted during the academic year 2022-2023 by the Chair of Public Contract Law, involving interviews and online surveys with many players in the field of public contract law.
This fifth report focuses on the modification of public contracts during their performance, a very important subject that has evolved significantly since the entry into force of the 2014 European Directives and the French Public Procurement Code. Moreover, very few contracts or concessions contracts are immune to change, particularly in the fluctuating and unstable economic context of recent years, where contracting authorities and economic operators are faced with scarcity or shortage of raw materials, rising energy prices, inflation and supply difficulties.
The aim of the research is therefore to investigate whether the current regulations on modifications to public procurement contracts is appropriate and adapted to the potential difficulties encountered by public buyers, contracting authorities and economic operators, and to propose, when necessary, recommendations for a better match between law and practice.