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La régulation des contrats publics complexes de long terme à l'épreuve des imperfections informationnelles

Author

Listed:
  • Frédéric Marty

    (GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis (1965 - 2019) - CNRS - Centre National de la Recherche Scientifique - UniCA - Université Côte d'Azur)

Abstract
Public procurement contracts, especially long-term and complex ones, are particularly exposed to the risks induced by information incompleteness and asymmetry. These imperfections may lead to unbalanced renegotiations if not contract failures. However, these risks may be contained through award procedures and contractual choices. In the operating stage, the issue is not only related to the contractual relation management but also to its regulation. After discussing the capacity of regulation by contract models to address these issues, we envisage the case of an external regulation by successively considering the judge, a dedicated administrative taskforce, the superior bodies of public accounts supervision, and a sector-specific regulator.

Suggested Citation

  • Frédéric Marty, 2017. "La régulation des contrats publics complexes de long terme à l'épreuve des imperfections informationnelles," Post-Print halshs-01659946, HAL.
    • Handle: RePEc:hal:journl:halshs-01659946
    Note: View the original document on HAL open archive server: https://shs.hal.science/halshs-01659946
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