Weakening the Logic of Public Authority in the Concept of Administrative Contract by the Existence of Competitive Logic

Abstract

Public activity has undergone a transformation and the integrity of administrative contract law can no longer be based on the traditional notion of administrative contract. The legal regime of the administrative contract was developed to justify the application of norms different from private law. This connection between the notion of an administrative contract and its specific legal regime explains that questioning the traditional notion of an administrative contract has implications for defining the general theory of administrative contracts. The question arises as to whether we can define the general theory of contracts concluded by administrative bodies. In the classical notion, the specific regime of administrative contracts is based on the logic of public service. The current legal regime of administrative contracts is based on various grounds. Public service, as the main element of the general theory of administrative contracts, today is competed by different logics that have different purposes: it is contractual logic and competitive logic. The first seeks to make an administrative contract similar to a civil contract. The second goes further: he is not interested in the possible specifics of the legal regime of administrative contracts. Previously, the selection of a contractor on a competitive basis did not meet the competitive logic, it was intended to spend public money correctly. Today, competitive logic is integrated into the top of the hierarchy of norms. This particular service logic retreats in the face of competitive principles.