دور المصادقة على مشاريع الصفقات العمومية في تعزيز الرقابة على المال العام

Abstract EN

The article deals with the issue of the approval of public contracts, which represents the last step in the process of concluding the contract and which is considered a permanent condition, so that the contract becomes enforceable and produces its legal effects, according to the mechanism of Article 4 of Presidential Decree 15-247, which considers that public contracts are only valid and final if they are approved by the competent authority mentioned in the same article.

In the absence of approval, the content of the agreement cannot be executed, because the non-approval of the contract renders it null or void, and if the contract is canceled the parties are separated as if they had never been linked.

As a result, it can be seen that the approval procedure gives the greatest control over the expenditure of public funds, both on the side of the competent approval authority and on the side of the expected impact of the contract.