حماية القضاء الاستعجالي ما قبل التعاقدي لعملية إبرام الصفقات العمومية

Abstract EN

The establishment of pre-contractual summary proceedings is considered as one of the effective components for addressing abuses that occur when awarding public contracts.

It is an important judicial guarantee for tenderers in their participation to conclude the transaction, since it aims to address violations of the contracting service by breaching the obligations and rules of public announcement and competition, and to find the way to reform it as it is the basis for concluding legal transaction, following the wish of the legislator to protect the concluding process.

Thus, the pre-contractual administrative judge in chambers has been given full powers like the authority to order, imposing a penalty payment and delaying the signature of the contract in order to protect the concluding process by legally awarding the contract to the qualified candidate