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Intervening parties    Advisory committee of amicable settlement of litigations

  Intervening parties  

Advisory committee of amicable settlement of litigations


The advisory committee of amicable settlement of litigations
 
Attributions
The advisory committee of amicable settlement of litigations has as a mission to search for the equity elements likely to be adopted in order to find an amicable solution of the litigations related to the public procurements.
 
Composition
The advisory committee of the amicable settlement of litigations is composed as follows :
  • An advisor at the Administrative Court : chairman,
  • A representative of the procurements higher commission : member,
  • A representative of the profession to which belongs the holder of the procurement: member.
The members of this committee are appointed respectively by order of the Prime Minister on a proposal from the First President of the Administrative Court and from the president of the concerned federation of the profession
 
Seize
Upon a request of one of the interested parties, the Prime Minister seizes the advisory committee of amicable settlement of litigation that he deems helpful to submit to his opinion.
The request presented by the contracting parties to submit the litigation to the opinion of the committee does not exempt them, before the relevant jurisdiction, from taking precautionary measures necessary for the protection of their rights.
 
Opinion
The advisory committee of amicable settlement may validly deliberate only in presence of all its members. Its opinion is taken with the majority of votes. It deliberates behind closed doors.
The advisory committee of amicable settlement of litigation shall put forward its opinion within a three-month deadline as from the date of the decision of the Prime Minister to seize this committee. This deadline may be extended by justified decision of the president of the committee.
  
The opinion of the committee is advisory and confidential.
  
It may not be produced or used by the parties before the courts.