مكانة حرية المنافسة في إبرام العقود الإدارية : دراسة مقارنة

Abstract EN

The freedom of competition as a constitutionally guaranteed freedom is essential in the conclusion of administrative contracts except that its consecration was made mainly in the field of public procurement and public service delegations.

However, this freedom has not been extended administrative contracts relating to the national domain, but the latter constitutes the space for the exercise of economic activities and to which access can give rise to intense competition between economic operators.

The jurisdictional control in order to make prevail the freedom of competition is essential.

Here this control can take two forms the first is carried out within the framework of the pre-contractual summary procedure whereas the second is exerted within the framework of the litigation of the exe of powe.