In an exclusive interview given in the Gazette of Commons Eric Doligé, President of the General Council (GC) of the Loiret, explains why his community has appealed the decision of the Administrative Tribunal (TA) of Orleans to cancel the debate on the partnership agreement signed Villemandeur for college. "Local communities are doomed to pay more, with longer delays?" Asks Eric Doligé. By calling the president (UMP) of the General Council of Loiret has every intention of showing that the use of contract public private partnership (PPP) for the repair and maintenance College Villemandeur actually served the public interest. "The court decided to annul the decision on this contract so that a case be established on the issue," he says (see Gazette, May 12 p.15). According to the Administrative Court of Orleans, the harm to the functioning of public service by the delay in implementing the college does not have sufficient gravity to meet the test of emergency, justifying the use of PPP. Now the General Council of Loiret relied on this ground to opt for this procedure, notwithstanding common law.
Appealing that decision is therefore to seek the recognition of an error of assessment by the tribunal in the adequacy of various measures taken by the General Council to ensure the education of schoolchildren. TA Orleans was particularly taken into account, as "circumstances", the contracts for the renovation of a nearby college on adding new classrooms and expansion of the refectory precisely in order to enable this institution to accommodate the surplus of college students from Villemandeur sector.
Moreover, logistics had been implemented to transport students from one college to another. Only the views of those circumstances, the judge, the harm to the functioning of public service by the delay in the completion of college Villemandeur not of a nature sufficiently serious to justify a breach of common law public procurement through the use of PPP contract.
should therefore, that the call was successful, the appeal judge reconsider that assessment or a new way of law emerges.
President of Loiret recalls that a law is currently under review, which will justify the particular choice of a PPP contract for economic reasons, it is demonstrated that this solution is more competitive. This is the case with this project, says he.
But is this a new way in order? This is doubtful. This would recognize under a retroactive law in preparation. However, in law, business is deemed under applicable law when making their case, that is to say during the deliberation complained. The action would have little chance of success if it draws this means that ...
Source: La Gazette des Communes
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