الحماية القضائية لمبدأ المنافسة في المناقصات الحكومية : دراسة مقارنة

الملخص EN

Resort management to achieve their goals in general needs to offered through laws and regulations, and are based on two types of means, firstly, physical work, and other legal actions, the latter can either be issued by management unilaterally as decisions Admin, or be in the image of the work .

Contractual work represents an important place in administrative activity, to provide opportunities and privileges, being natural means in the implementation of projects and the achievement of its objectives.

However, the Department does not have the freedom enjoyed by individuals within the law to choose from to hiring and way they want, they are restricted in choosing who you want to sign him, legally defined methods and techniques at the conclusion of the administrative contracts, binding procedures followed when contracting, Tender is one of these methods, most notably, in the implementation of projects .

And tenders control Joomla Administration important principles adhered to and not inconsistent with or characterized by defect of illegality and become prone to cancellation, these principles are openness, competition, and equality among competitors .

The principle of competition _ theme _ one of the most important of these principles, which implies the opportunity to participate in the bidding to all interested eligible required by law, this principle provides the opportunity to participate in the bidding for all wishing to both, if the required qualifications, and bring Very important goal management is embodied by maintaining public money .

But the question that is the judicial body competent to consider irregularities that occur before the conclusion of the contract and affecting the principle of competition? Nodal operation is complex process through several stages, beginning with the introductory or preparatory actions, that set the tone for the management contract as tender or open bidding or tendering lay analysis , And the administrative contract as arranges rights and obligations between the limbs according to comparative base effects, consequences for others.

These preparatory actions and management decisions, entering in the composition of complex administrative work such as the decision to deprive certain people or exclude their bids and the decision to establish the auction, these resolutions called for secession, and midwife decisions if hit by defect of defects affecting principle The competition is entitled to others that is challenged by the cancellation proceedings in all of France And Egypt, in Iraq, it's different because the ordinary is considering violations before the contract .