تفعيل مبدأ التسوية الودية لمنازعات الصفقات العمومية : دراسة في ظل المرسوم الرئاسي 15-247

الملخص EN

Public contracts are of great importance because they are among the capital means that the administration uses to meet its needs and carry out the socio-economic plan of the state, as well as to ensure the completion of works and obtaining money and services necessary for the public interest.

For this and on the basis of the above, it is clear to establish public procurement law for the amicable consensual settlement of disputes arising, to conclude or implement them.

And this, in order to avoid the idea of access to administrative justice which costs the length and the heaviness of the procedures.

In this regard, we find that the legal regime for resolving conflicts has developed, whether in terms of the choice or obligation of amicable settlement, or in terms of mechanisms adopted by the legislator to resolve the conflicts raised.

that the cause is to try to achieve the goals outlined by the legislator through the importance of public procurement as a tool of economic development and investment encouragement, and that taking into account the necessary expenditure disbursed from the budget of the state in order to materialize the projects.