أشكال تفويضات المرفق العام في ظل المرسوم الرئاسي 15-247 و المرسوم التنفيذي 18-199

Abstract EN

The Algerian legislator has adopted the public service delegation as a new method of management of services affiliated to local authorities, which is defined in article 210 of The Presidential Decree 15-247 regulating public procurement its four forms, which are the concession, the leasing, the governance and the management, the provisions of each form was separated under The Executive Decree 18-199 on the the public service delegation.

Given the great interference existing between these forms, the concession under the public service delegation, subject to the principle of competition differs from the concession cited by law of local authorities subject to the principles of subcontracting under the administrative code.

These forms also interfere either by way of creation, acquisition, management or maintenance of the public service, which the legislator could not assign for each form a single type of the previous methods, which leaves the new management of public service method blurred in one way or another.

This new legal mechanism for the management of local public services makes it possible to create local tax resources for the benefit of the commune and Wilaya's budget, which currently suffers from a large deficit, and depends on a large majority of state subsidies.