تجريد إجراءات إبرام الصفقات العمومية من الطابع المادي كآلية للبحث عن الفعالية

الملخص EN

The adoption of the digitization system in the field of public transactions led to the emergence of new legal concepts that affected the nature of the relationship between the administration, as a contracting interest, and the citizen, in his transaction, as an economic transactor, so that the relationship transformed from a direct, material relationship to an abstract, indirect relationship, so the material public transaction was replaced by a new deal, it is an electronic public transaction.

the idea of abstracting the procedures for concluding public contracts from their material nature and the problem of the importance of this abstraction in achieving the required effectiveness in the field of public contracts crystallized.

the importance of stripping public contracts of their material nature was embodied by enshrining digitization and the obligation to communicate and exchange information electronically in law No.

23-12 specifying the general rules related to public contracts and emphasizing the establishment of the electronic portal for public contracts, within the framework of the search for effectiveness and transparency.

in this field, however, despite the legal and economic advantages achieved by this initiative, it is still a young experiment that collides with a practical reality that is not ready, both technical and financial, and human.