Litigation over public procurement in light of Algerian legislation and judicial precedents

Abstract EN

The flexibility and dynamism of the substantive dimensions of public tenders have been reflected by the large legal provisions enacted by the Algerian legislature in order to control disputes concerning this type of administrative contracts.

This has been initially divided according to a threefold approach, which takes into account the adaptation of administrative proceedings and their types, and finally the legal solutions applied to adjudicating them.

However, despite the considerable attraction of this legislative position, it was quickly and widely criticized for the large gaps it left, resulting in the "embarrassment" of the administrative judiciary in many legal problems.

This is both when determining the reference attribution of the dispute and when applying these legal solutions to new types of contractual disputes, particularly in the context of the legality assessment, the assessment of compensation or the judgment of both in the course of a full judicial proceeding, under all these circumstances, the subject of public tender disputes to date has suffered a clear legislative and judicial limitation in many ways.