حدود تكريس مبدأ المنافسة في الطلبات العمومية في التشريع الجزائري

Abstract EN

The process of concluding public transaction is a complex formal, legal process, which requires respecting a set of rules and principles, distinct from those related to concluding private contracts, where the contracting service creates a situation of competition, by publicizing public procurements, that will ensure the dissemination of information among dealers, to ensure a more comprehensive participation, and not to influence the position of participants.

The legislator has approved the principle of competition, but the contracting service may find itself in front of the objective impossibility of resorting to competition, given the inability of institutions to make offers that respond to the public procurement, or in front of preferential provisions for dealers and national product.

This made the legal provisions include the components of competition principle.

However, establishing its mechanisms is distinguished by disparity and difference, , and this reflects the flexibility of this principle and its compliance with various provisions.