الإجراءات المكيفة في إبرام الصفقات العمومية وأثرها على مبدأ حرية المنافسة على ضوء المرسوم الرئاسي 247 15

Abstract EN

247 relating to public contracts and public service mandates submitted the contracting parties when concluding public contracts to a set of formalities to ensure the rationalization of public spending and attempt to embody the principles of transparency, equality and free access to public requests, leading to the protection of the principle of freedom of competition which is the basic rule in the process of concluding a transaction.

However, there are services that are concluded in accordance with specific procedures that diverge with the formalities imposed under the provisions of the Presidential Decree, due to their estimated amounts equal to or below the financial thresholds specified in the deal, or due to the object of the services that do not correspond to the established formalities.

The contracting party is bound by a minimum of formal procedures to conclude such requests, taking into account the general principles established in the field of public transaction, which raises the question to what extent these specific procedures consecrate and enshrine the principle of freedom of competition in the conclusion of public contracts with adapted procedures?