المقاربة بين مبدئي الاعتبار الشخصي ومبدأ المنافسة في إبرام عقود تفويض المرفق العام

Abstract EN

The three-dimensional relationship that characterizes the contracts for the authorization of the public facility between the devolved administration and the commissioner, and the third party directly related to the exploitation of the public facility, which is the beneficiaries, must follow distinct procedures in concluding these contracts, and in order to continue the public facility was dominated by the principle of personal consideration, which was restricted after economic openness and market freedom, based on free access to applications, equality and transparency, these principles, which are the pillars and The principle of competition between economic coefficients was established, but given the specificity of these contracts, which have a great relationship with the public utility and public finances, the principle of free competition cannot be used in concluding them, and in the context of this controversy between the two principles, legal approaches are required in order to establish both principles in the process of concluding public facility authorization contracts.