Public Law and Health crisis
Fabrice CassinHélène Cloëz PartnerParisHélène Cloëz
Hélène CloëzHélène Gelas PartnerParis
Hélène GelasMarie-Laetitia De La Ville-Baugé CounselParis
Marie-Laetitia De La Ville-BaugéYaël Cambus CounselParis
Yaël CambusFrançois Versini-Campinchi CounselParis
Breach of contract, State liability, procedures…solutions to cope with the current crisis…
- How to deal with the non-performance of public contracts?
- What is the State’s responsibility for the measures taken to fight the COVID-19 crisis?
- How should public procurement law be adapted to face the health crisis?
- Public domain: necessary adaptations to social distancing
- Administrative emergency proceedings : a jurisdictional solution to urgent situations
In the context of the current economic and sanitarian crisis, contractual non-performance is admissible under certain conditions. Public contractors can even request the suspension of the performance of their own contractual obligations. This exceptional derogation leads to many uncertainties. Who may request a suspension of the contract? For how long? Who bears the damage?
Public or private entities, co-contractors or candidates, all parties face an unprecedented situation.
Our team dedicated to public law has refined its expertise throughout the health crisis and is ready to share it.
The measures taken to fight the COVID-19 pandemic led to engage the State liability. To date, measures have been taken to compensate the holders of contracts such as concessions when specific conditions are met. In addition to these measures, the general principle of State liability, created by case law, is a further source of liability.
Our team is dedicated to provide its clients with sound advice and assist them in this respect.
In order to meet both objectives of satisfying public bodies and preserving the capacities of economic operators, public procurement law has been greatly impacted by the health crisis. Procurement procedures have been adjusted, deadlines extended, advance payments increased, first demand guarantees abandoned, etc.
To take full advantage of the relaxations of the public procurement code, our team of experts in public law assists its clients in this derogatory regime.
The use of the public domain has evolved with the imperatives of social distancing by increasing in most cases the surface area required for the exploitation of the public domain. The financial dimensions of this occupation can be modulated, as well as the conditions of occupation of this new use of the domain. The occupants of the public domain can take advantage of these opportunities offered by the regulation, in order to adapt existing contracts.
Our team will be able to assist its clients in these proceedings.
How can the administrative judge be called in urgently despite an unprecedented overload of the courts?
In this period of administrative restrictions and court saturation, summary proceedings are an effective mechanism to obtain a judicial decision within a limited time frame. Judges hearing summary proceedings can rule within 48 hours in order to protect fundamental freedoms – such as the entrepreneurial freedom – or to obtain the suspension of a vitiated administrative decision. It is also possible for them to order precautionary measures or provisions when needed.
Our lawyers will be able to assist you in choosing the most appropriate procedure to assert your rights at the earliest opportunity.