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Section 1: Advisory committees for the amicable settlement of disputes

Article R2197-1 of the French Public procurement code

In the event of a dispute concerning the performance of contracts, purchasers and holders may have recourse to the advisory committees for the amicable settlement of disputes relating to contracts.The task of the advisory committees for the amicable settlement of disputes, which may be national or local, is to seek elements of law or fact with a view to proposing an amicable and equitable solution to disputes relating to the…

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Article R2197-2 of the French Public procurement code

A national committee is attached to the Minister for the Economy. It hears disputes relating to contracts awarded by : 1° Central government departments; 2° Departments and bodies with national jurisdiction when the contracts in question cover requirements that exceed the area of jurisdiction of a single local committee mentioned in article R. 2197-3.

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Article R2197-3 of the French Public procurement code

The local committees are set up at regional, inter-regional or inter-departmental level by an order of the Minister for the Economy appended to this code. This order sets their boundaries and designates the State representative in the region responsible for drawing up the lists of representatives and professional organisations mentioned in 2° and 3° of article R. 2197-7.

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Article R2197-4 of the French Public procurement code

Local committees hear disputes relating to contracts awarded by : 1° Local authorities, their groupings or their public establishments; 2° Decentralised State departments; 3° Departments and bodies with national jurisdiction when the contracts in question cover needs limited to the local committee’s area of jurisdiction; 4° The other purchasers mentioned in articles L. 1211-1 and L. 1212-1, with the exception of those mentioned in article R. 2197-2.

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Article R2197-5 of the French Public procurement code

When a local committee is seized of a dispute relating to a contract covering needs that exceed its area of competence, its chairman shall forward the referral without delay to the chairman of the national committee, who shall assign the examination of the case to a local committee, if such examination does not fall within the competence of the national committee.

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Article R2197-6 of the French Public procurement code

The National Committee comprises six members with voting rights:1° A member of the Conseil d’Etat or a magistrate of the Cour des Comptes, serving or retired, holding at least the rank of Conseiller d’Etat or Conseiller Maître, Chairman;2° A member of the Conseil d’Etat or a magistrate of the Cour des Comptes, serving or retired, holding at least the rank of Maître des requêtes or Conseiller référendaire, Vice-Chairman;3° Two current…

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Article R2197-7 of the French Public procurement code

Each local committee comprises six members with voting rights:1° A chairman and a vice-chairman, chosen from serving or honorary members of the administrative courts or financial courts;2° Two representatives of the State, serving or retired, at least one of whom works or has worked in the ministerial department concerned by the matter submitted to the committee;3° Two competent persons who work or have worked in the same sector as the…

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Article R2197-8 of the French Public procurement code

The chairman and vice-chairman of the national committee and the chairmen and vice-chairmen of the local committees are appointed by order of the Minister for the Economy on the recommendation of the vice-chairman of the Conseil d’Etat or the first chairman of the Cour des Comptes, as appropriate.Their term of office is limited to three years. They may be reappointed.

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Article R2197-9 of the French Public procurement code

The representatives of the State mentioned in 3° of article R. 2197-6 and in 2° of article R. 2197-7 and the representatives of the local authorities, their groupings or their public establishments who are not elected representatives have a three-year renewable term of office. The term of office of elected representatives of local authorities, their groupings or their public bodies is limited to the duration of their elected office.

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Article R2197-10 of the French Public procurement code

The State representatives referred to in 3° of Article R. 2197-6 and in 2° of Article R. 2197-7 are chosen for each case by the Chairman from nominative lists drawn up under the following conditions: 1° The lists of State representatives are drawn up, for the National Committee, by the Minister responsible for the Economy, on the proposal of the competent Minister; 2° The lists of State representatives are drawn…

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