التسيير المفوض للمرافق العامة و التحولات في إنشاء و تسيير المرافق العامة من عقد الامتياز لعقد البوت

Abstract EN

The decrease in financial resources of countries due to the economic crises, on the one hand, and the increasing need for public services and infrastructure projects and the ongoing research for efficiency and quality in the realization of these projects, on the other hand, the countries have adopted the delegated management contracts especially the concession contract and have set its legal system.

Unfortunately, with the economic openness and the retreat of the state from the economic field and the need to integrate and involve the private sector in development charges, the concession contract has been transformed into BOT contract not only for building but also managing the public services.

This paper comes to shed light on this topic, starting with defining the public service since it is one of its contracts that has been transformed, and then we are going to present how BOT contract has emerged as a mechanism to build and manage the public service while explaining the importance of this transformation.

Results and findings: -Despite the diversity of contracts used in the delegation of public services, they failed to achieve the sustainable development inside the state.

-The delegation of public services is a flexible way to the appearance of new contracts for building and operating public facilities in collaboration with the private service.

-The wide adoption of B.O.T contracts would enable the state avoiding the charges of financing and providing services to citizens so that the private sector will bear it within the period specified in the contract.