Practical sheet | REF: FIC1011 V1

Public procurement: the key stages of a consultation process

Author: Bernard-Michel BLOCH

Publication date: October 10, 2023 | Lire en français

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9. Legality control

Legality control is the procedure laid down in article L. 2131-1 of the French Code of Administrative Law ( Code général des collectivités territoriales ), which enables the State's representative in the département to verify the conformity of acts issued by local authorities and their public establishments with the legislative and regulatory provisions in force. If an irregularity is found, the prefect may refer the matter to the court, asking it to rule on the irregularity and annul the disputed act.

Documents issued in connection with the award of a public contract are subject to legality control. The signing of the contract between the public purchaser and the company awarded the contract cannot...

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