مبدأ المساواة بين المتعاملين الاقتصاديين في مرحلة إبرام الصفقات العمومية : المضمون و الحدود

Abstract EN

The Public Transactions Law obligated the contracting authority to prepare procedures for concluding public transactions on the base of the principle of equality in dealing with candidates as one of the principles of the public transaction.

This research paper aims to demonstrate the extent of the legislator's success in defining the content of the principle and the mechanisms and limits of its application at the stage of concluding the public transaction and its impact on Algerian.

Economic lawThe contracting authority falls at the concluding stage to set conditions for the participation and selection of candidates, and to set deadlines for preparing and depositing proposals in a way that opens the way to the largest possible number of competitors, as well as obligating it to announce the transaction and enable citizens to view the documents associated with it.

However, preserving the public authority and public money was a justification for deviating from the olute application of the principle of equality between economic dealers in the stage of concluding the public transaction, as the law granted the contracting authority discretionary power to resort to mutual consent to conclude the public transaction, and to exclude some candidates from participation, and to acknowledge the benefit of the national product by a margin of preference instead of being granted to the best bidder in terms of economic advantages, according to the general rule.