French Business Law - French Legislation

Article R2197-7 of the French Public procurement code

November 7, 2023

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…

Article R2197-8 of the French Public procurement code

November 7, 2023

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.

Article R2197-9 of the French Public procurement code

November 7, 2023

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.

Article R2197-10 of the French Public procurement code

November 7, 2023

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…

Article R2197-11 of the French Public procurement code

November 7, 2023

The lists of representatives of local authorities, their groupings and their public establishments, entitled to sit on the local committees, are drawn up by the prefect designated by the order referred to in article R. 2197-3, on the proposal of the authorities to which they report.

Article R2197-12 of the French Public procurement code

November 7, 2023

The lists of the most representative professional organisations called upon to designate, at the request of the chairmen of the committees, two persons competent to sit on the committees pursuant to 4° of article R. 2197-6 and 3° of article R. 2197-7 are drawn up: 1° For the national committee, by the Minister responsible for the economy; 2° For the local committees, by the prefect designated by the order referred…

Article D2197-13 of the French Public procurement code

November 7, 2023

The Legal Affairs Department of the Ministry for the Economy provides support and secretarial services to the National Committee and coordinates the secretariats of the local committees. The prefect designated by the order referred to in article R. 2197-3 designates the government department responsible for the secretariat of the local committee.

Article D2197-14 of the French Public procurement code

November 7, 2023

Committee members and rapporteurs are reimbursed for travel and subsistence expenses in accordance with the regulations applicable to civil servants. Only missions carried out at the request of the Chairman or with his authorisation are eligible for compensation. The rapporteurs, chairmen and vice-chairmen of the committees receive allowances under the conditions laid down by decree no. 92-239 of 11 March 1992 relating to the allowances likely to be granted to…

Article D2197-15 of the French Public procurement code

November 7, 2023

Referrals to the committee may be made by the purchaser or by the contract holder.Referrals shall be made by means of a detailed note setting out the grounds for the dispute and, where appropriate, the nature and amount of the claims made. This memorandum shall be accompanied by the contract documents and all correspondence relating to the dispute. It is sent to the committee by registered letter with acknowledgement of…

Article R2197-16 of the French Public procurement code

November 7, 2023

Referral to an advisory committee for the amicable settlement of disputes interrupts the time limits for appeals for contracts that are administrative contracts until notification of the decision taken by the purchaser on the committee’s opinion.

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French Public procurement code

Article R2197-7 of the French Public procurement code

Article R2197-8 of the French Public procurement code

Article R2197-9 of the French Public procurement code

Article R2197-10 of the French Public procurement code

Article R2197-11 of the French Public procurement code

Article R2197-12 of the French Public procurement code

Article D2197-13 of the French Public procurement code

Article D2197-14 of the French Public procurement code

Article D2197-15 of the French Public procurement code

Article R2197-16 of the French Public procurement code

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French Public procurement code

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Do you need French-law advice? Contact our Lawyers in France.

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