تطبيق قانون المنافسة على الصفقات العمومية : بين النصوص القانونية و الإشكالات التطبيقية

Abstract EN

Considering the importance of competition in the field of public works contracts, the Legislator instituted for the same a particular protection by the consecration of competition in organizing public works contracts and finding the legal guarantees which guarantee its materialization.

Since, the Legislator permitted the application of competition law in its field and any breach of its provisions leads to the possibility of the intervening of the Competition Council.

Today's trend is towards submitting administration works and an important side of its administrative activities to competition law which application is carried out in a way not to obstruct the public officer from performing public service missions.

However, this raised many operational and practical issues due to the ambiguity of the legal text in this field and the interference of competence between Administrative Justice and the Competence Council which prevent from achieving the expected goals.