التسوية الإدارية لنزاعات عقد الامتياز

Abstract EN

The concession contract is not an administrative contract in which the administration may, without the need to resort to the judiciary, impose sanctions and take unusual procedures in the private law as well as without prejudice to the financial balance of the contract, especially as the administrative contracts as a whole are based on the principles of ensuring the functioning of the public facility.

The principle of the ability of the public utility to change and replacement, which in turn is an adequate guarantee to restrict the freedom of management against any arbitrariness by thelatter, so the Algerian legislator has dealt with some administrative methods and procedures as solutions that can be used in advance to resolve disputes of the concession contract as they differ from judicial procedures.

This is laid out in the course of the article