دور الإشهار (الإعلان)‎ في إضفاء الشفافية على إجراءات إبرام العقود الإدارية في الجزائر طبقا للمرسوم الرئاسي رقم 15-247

الملخص EN

In accordance with the article 05 of the presidential decree n° 15-247 concerning public deals and public servicedelegations, “To ensure the efficiency of the public offers and the properuse of the public funds, publicdeals have to respect the principles of free access topublic offers, equal treatment of the candidates, and the transparency of procedures within respect to the provisions of the present decree" According to the article 209 of the same presidential decree, “Contracts of the public service delegation are governed in their conclusion by provisions of the article 05 from the same decree" With regard to the above mentioned two articles, we notice that theprocedures of concluding public contractshave to be based onsome principals which must be taken into consideration when doing so, this is in order to achieve to obj ectives; as the first objective, it is to obtain effective services, and the second objective representsthe wise management of public spending and the proper use of the public funds.Indeed, the above mentioned principles cannot be practically realized ifcontracting authoritydoes not announce its intention to contract, because the publicity is a primarycentral procedure consecrating the freedom of the economic operators to have an access to the public offers.

Thus, publicityensures the equality between the candidates and transparency in the procedures to select an economic operator.