Machine Translation of "Decree No. 2002 - 1169 11 September 2002 Authorising The National Institute Of Appellations Of Origin To Make A Transact..." (France)

Decree No. 2002 - 1169 11 September 2002 Authorising The National Institute Of Appellations Of Origin To Make A Transaction

Original Language Title: Décret n° 2002-1169 du 11 septembre 2002 autorisant l'Institut national des appellations d'origine à opérer une transaction

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

Learn more about this text...

Information on this text

Summary

Implementation of articles 13 and 21 of the Constitution. Decree 91-368 of 15 April 1991 on the organization and operation of the national institute of the labels of origin does not provide in its statutory provisions to enable the director to make transactions. Article 2045 of the Civil Code states: "Communities and public institutions shall only be subject to the express authorization of the President of the Republic". The Council of State considers that, in the current constitutional framework, the transaction falls under a decree of the Prime Minister pursuant to Article 21 of the Constitution. As a result, without changing the statutory intervention skills of a national institute of the labels of origin, it is proposed to grant the director of the institute a one-time authorization for the settlement of the dispute related to irregularities to the public procurement code. This is the case for the signing of two real property research conventions without the necessary tendering procedure, both with respect to the old and the new only one set by the public procurement code. Subsequently, this move project was finally abandoned.

Keywords

BUDGET , BUDGETARY REFORM , NATIONAL INSTITUT OF ORIGINA APPELLATIONS , INAO , TRANSACTION , COMPETENCE TRANSFER , COMPETENT AUTHORITY , GUIDELINES , PONCUTELLE AUTHORIZATION , REGULATION , LITIGE , IRREGULARITY

JORF n°218 of 18 September 2002 page 15349
text No. 12

Decree No. 2002-1169 of 11 September 2002 authorizing the National Institute of the appellations of origin to operate a transaction

NOR: BUDB0270003D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/9/11/BUDB0270003D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/9/11/2002-1169/jo/texte

The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of Agriculture, Food, Fisheries and Rural Affairs,
Considering articles 13 and 21 of the Constitution;
Considering Article 2045 of the Civil Code;
Considering the rural code, including articles L. 641-5 et seq.;
In view of the decree No. 91-368 of 15 April 1991 amended bringing the organization and operation of the National Institute of the labels of origin,
Decrete:

Article 1 Learn more about this article...

The National Institute of the labels of origin is authorized to transfer in order to put an end to the dispute that opposes it to the real estate company Tourny-Meyer.

Article 2 Learn more about this article...

The Minister of Economy, Finance and Industry, the Minister of Agriculture, Food, Fisheries and Rural Affairs and the Minister Delegate for Budget and Budget Reform are responsible, each with respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.

Done in Paris, September 11, 2002.

Jean-Pierre Raffarin

By the Prime Minister:

Minister for Budget

and budgetary reform,

Alain Lambert

Minister of Economy,

finance and industry,

Francis Mer

Minister of Agriculture, Food,

and Rural Affairs,

Hervé Gaymard

Download the document in RTF (weight < 1MB) Facsimile (format: pdf, weight < 3.5 MB) Download the document in RDF (format: rdf, weight < 1 MB)