Question 13682 — associations and foundations

Summary

Ms. Danielle Brulebois draws the attention of the Minister of the Economy and Finance to the interpretation of the notion of contracting authority in application of the rules of public procurement for associations and, in particular, those in the medico-social sector. During the transposition of European directive 2014/24/EU on “the award of public contracts”, the High Council for Associative Life and the “Europe and International” commission of the Higher Council for the Social and Solidarity Economy (CSESS) had alerted the legal affairs department of the Ministry of the Economy and Finance to the importance of clarifying this notion of contracting authorities. However, to date, the positioning is still not clear, which creates significant legal uncertainty for associations in the medico-social sector. She would therefore like to know the criteria used by the Government for qualification as contracting authority.

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