تفويض المرفق العام بين تقليص تدخل الدولة وضرورة إشراك القطاع الخاص

الملخص EN

The inability of the state to operate the public services, due to the high financial burdens on its budget, led to search for the public funding alternatives, where the solution was the resort to a legal means ; called the delegation of the public services for the benefit of the private law persons', that will reduce the intervention of the public authority, while maintaining its right of supervision and control, which is a part- way between the service privatization, that results the full waiver of its property to the private sector, and the direct management, which the public authority retains the power of the direct service intervention.

the Algerian state had initiated to struct the delegation contracts according to the presidential decree N 15-247, which was a positive step despite its brief articles, then the passage of the executive decree N 18-199 that allows the private sector to be an effective element to improve the public service, and satisfy the users' needs.