أسلوب التراضي في إبرام الصفقات العمومية بين ضرورة المصلحة العامة و الوقاية من الفساد و مكافحته

الملخص EN

The method of consensuel conclusion of public transactions falls as an exception to the general rule (request for proposals) as provided for in presidential decree no.

15 / 247, resorted to by the contracting interest in cases specified exclusively by the legislator, where this method is considered as another way of contracting in the public interest in the event of the futility of the public transaction, or as a result of an urgent circumstance, .

.

.

.

etc.

if we take into account the method of compromise that affects the principle of competition, which is achieved in accordance with the principles of integrity, transparency, freedom of candidacy and equality of candidates to prevent corruption, the legislator has relied on it in view of the requirements of the public interest with restrictions to respond to it, both in terms of cases of recourse to it and its procedures with a view to rationalizing public funds on the one hand, and preventing and combating corruption on the other hand in light of the occurrence of many legal violations in the field of public transactions that lead to the waste of public money.

hence, we have chosen the subject of the method of consensuality in concluding public transactions between the necessity of the public interest and the prevention and combating of corruption, in order to examine the guarantees and limits set by the Algerian legislator when the contracting interest resorted to the method of consensual contracting and its respect for the rules of competition, with a view to avoiding the forms and crimes of corruption such as favouritism, bribery or nepotism of the organisation in law no.

06 / 01 on the prevention and combating of corruption, as amended and supplemented.