أسلوب الطلب على المنافسة كقاعدة عامة لإبرام عقود تفويضات المرفق العام في الجزائر

Abstract EN

The legislator defined the public utility authorization contract in articles 207-208 and 209 of presidential decree 15-247 containing the public procurement law and public utility authorizations, which is an important reference to define its concept because it is the law that clearly and explicitly mentioned the agreement on the authorization of the public utility in the Algerian legal system ; in the text of article 207 of the presidential decree, the legislator referred to executive decree 18-199, which specifies the modalities for implementing the provisions contained in the presidential decree, which stipulates that the public utility delegation contract is an administrative contract subject to all the terms and conditions related to administrative contracts, as well as the special provisions stipulated in this decree, therefore, we will discuss the method of calling for competition as a general rule for concluding a contract for the authorization of the public utility in both laws.

what can be noted is that the Algerian legislator did not stipulate the forms that the demand for competition may take in executive decree 18-199, contrary to what is applied in the regulation of public procurement and the authorizations of public facility 15-247, which was distinguished by the regulating specification of the forms taken by the request for proposals, as a result, the scope of the competition principle expanded in delegating the local public utility.