تفويض المرفق العام من المفهوم الفقهي إلى الاحتواء القانوني : المرسوم الرئاسي رقم 15-247 نموذجا

Abstract EN

Thanks to the establishment of the idea of delegating the public utility to France after its orientation wardsauthorizing persons of private law to manage some public utilities of an industrial and commercial nature, and in this regard it has gone through different periods depending on the economic and social conditions.

Managing private law persons for public utilities as an effective means to activate them and improve their efficiency, open the field of contractual freedom to legal persons, resort to the technique of delegation, and resorted to avoiding the restrictions and strict controls imposed on public deals without public utility contracts.

This was embodied at the level of Presidential Decree No.

15-247 regulating public procurement and public utility mandates, the first legal text to frame public utility contracts in Algeria, as it was the first to establish the concept of public utility mandates, in order to restore consideration to public utility.

Which was attached to the idea of delegation and the development of public utility management techniques, a policy that many countries, such as Morocco, have adopted, starting in 2002 under the collective charter law of 10/3/2002 under the name “The Commissioner’s measure”, Tunisia under Law No.

23 of 2008 corresponding to April 1 And which collected the forms of authorization under one name, contracts of obligations, Egypt in Law 129 of 1947, to be replaced by Law No.

67 of 2010, under the name of "Law Regulating Private Sector Participation in Infrastructure Projects and Utilities".