تفويض المرفق العام بين متطلبات حرية التجارة و قيود الرقابة الإدارية

Abstract EN

The granting bodies seek through their resort to delegating public utilities to find the best ways to ensure the proper functioning of the public utility, by giving up some non-sovereign public utilities to persons of public or private law, to ensure that the delegated facility is managed in light of the principles that govern it, with To provide a decent level of public service at a reasonable financial cost to the users of the facility in the form of a commission that is predetermined in the authorization contract.

However, the mandate holders' quest to obtain significant financial gains through their commercial capacity, and because they are investors in public utilities, led to the creation of conflicting interests that must be balanced in the mandate contract.

Economists practice the same activity as the facility subject of the delegation, just as the delegate adheres to the contractual clauses that are his rights when the delegated authority adheres to implementing the privileges of the public authority and activating the authority of administrative control over the delegation contract to protect the public interest.