الغرامة التهديدية في مرحلة ما قبل التعاقد في العقود الإدارية و الصفقات العمومية في الجزائر : دراسة تحليلية

الملخص EN

This study dealt with the threatening fine in the pre-contracting phase in the matter of administrative contracts and public transactions, where the judge hearing the application for interim measures has the power to order a threatening fine against the administrative authorities in case of in case of prejudicing the advertising or competition obligations.

Hence, the importance of the topic is, especially in terms of forcing the contracting department to comply with the law provisions .Our study was based on the analytical approach through analyzing the relevant provisions of the Civil and Administrative Procedure Law.

The purpose of it is to gain knowledge of the authority effectiveness to order a threatening fine, as this issue raises an important problematic: to what extent can the judge hearing the application for interim measures impose a threatening fine in the terms of contracts and public transactions prior to the conclusion phase ?In the end, the most important recommendation was that judicial control should be at all conclusion phases of a public transaction