سلطة تعديل الصفقة العمومية (الملحق)‎

Abstract EN

The power to modify a public transaction, an inherent power, which is a guarantee to preserve the public interest, sought by the public service; and this paper research aims to state the limits of the "Annex" and who owns this authority, as we conclude that this authority is governed by public controls, which the contracting administration is committed to respecting.

They are also guaranteed administrative and judicial control, protection against abuse, and are exercised through a legal mechanism called the "annex", since the contracting administration can only amend the transaction under certain circumstances and with specific controls and conditions, thus making equality in the administrative contract.

In addition, the Algerian legislature has empowered the contractor to resort to justice in the event of a dispute between the contractor and the contracting interest on the subject of the supplement, in the event that amicable dispute settlement solutions fail, and the administrative judge may award compensation or avoidance in the event of abuse of the power to modify.

The financial rights of the contracting transaction are reserved in accordance with the idea of the financial balance of the public transaction.