أثر الحكومة الإلكترونية على العقود الإدارية: دراسة مقارنة

Abstract EN

With the development of the information revolution, and under the e-government, and its expansion in all fields, it was necessary for the administration to keep pace with this approach, especially in the field of its administrative activity, given that the latter is governed by the rules of administrative law, which is characterized by flexibility and development with the development of the forms of administration.

Accordingly, it was necessary for the administration to transfer its administrative activity, from an activity based on material support to an electronic activity based on an electronic support, and as a result, the so-called electronic administrative decision and electronic administrative contract appeared.

They are supposed to eliminate administrative slowness on one hand, and on the other hand to facilitate the work of the administration in general and to achieve the public interest in particular.

Such a matter has had a positive effect in the Algerian legal system, where and in light of the e-government project adopted by Algeria in 2013, the Algerian legislature issued the law on public procurement and public utility mandates.

It allowed the contracting authority to conclude public deals electronically.

In addition, an electronic portal for public deals was placed at the disposal of the contracting administration and the economic dealer, similar to the Egyptian and French legislators.

This effect remains insufficient to say that we are facing an electronic administrative contract in its prevailing sense in comparative law, which is supposed to apply on all procedures (conclusion and implementation are done electronically), and this may be due, as some jurisprudence sees it, to the fear of the legislator, and the sensitivity of public deals and their relevance to public funnds.

The justification for this is the lack of legal texts that allow the administration to conclude public deals electronically in particular, and administrative contracts in general.