الطرق البديلة عن القضاء لتسوية إشكالات تنفيذ الصفقات العمومية

Abstract EN

The implementation of the public procurement is an important stage, but disputes may arise between the parties to the public procurement for reasons that may be on the part of the contracting customer who does not fulfill his contractual obligations, whether for voluntary or involuntary reasons, and the breach can be the party of the contracting interest that imposes on the customer conditions that were not previously agreed upon, using the privileges of the public authority as a person of public law, so legal and practical problems may appear during implementation that affect the circumstances of the execution of the public procurement.

the legislator came up with a set of legal rules that include mechanisms by which the parties to the public procurement guarantee the settlement of disputes that occur in the exercise of their activities in an amicable manner without resorting to the judiciary, which takes a long period of time, not to mention the complexity of the procedures and the resulting effects that may reflect negatively on the proper functioning of the public utility.