القضاء الاستعجالي ما قبل التعاقدي كألية لمكافحة جرائم الفساد في مجال الصفقات العمومية

الملخص EN

In view of the rampant phenomenon of corruption and its dire effects on the stability of the state, and pursuant to the principle of prevention is better than treatment, and to activate the control policy adopted by the legislator to confront all forms of this phenomenon, especially in the field of public deals, which are the legal tool for implementing economic and development plans and the fertile field for the spread of corruption, this type of Contracts have many oversight mechanisms, the most important of which is the emergency judiciary due to its characteristics and powers to monitor them.

The aim of the study is to shed light on the case of urgency before contracting as a new mechanism of a preventive nature to reduce corruption in public deals and preserve public money, and to clarify the powers of the judge of urgency in it and the extent of its effectiveness to achieve transparency in public deals.