تفويض المرفق العام كمفهوم وظيفي

Abstract EN

The public service delegation is a Contract by which a corporate body under public law entrusts the management of a public utility for which it is responsible to a public or private operator, whose remuneration is substantially linked to the result of the utility operation.

The fundamental difference between a public contract and a public service delegation results from the method of payment chosen.

For a public contract, payment is made by the public buyer.

For a public service delegation, remuneration derives from the operation of the utility, done at the delegate's own risk.

But this functional definition is not useful for distinguishing public service delegation from public procurement.