دعوى الاستعجال قبل التعاقد كآلية جديدة للحد من التجاوزات في مرحلة إبرام الصفقات العمومية

Abstract EN

This study aims to shed light on the new procedural rules carried by law 08-09 of February 25, 2008, which includes the civil and administrative procedures law, within articles 946 and 947 thereof, related to the case of urgency in the article of concluding contracts and public deals, which is considered one of the most important rules procedural due to the legislative protection it provides against some of the abuses that may affect the public deal in its most delicate stages, which is the conclusion stage, which may be difficult to remedy afterwards even if the cancellation lawsuit is filed and even if the penal judiciary intervenes, which enhances the role of these rules as a mechanism to limit the effects of abuses.

at the stage of concluding public deals, it is its determination of exceptional rules for this case, related to the simplicity of the conditions for filing it, its reasonable time frame, and the unusual powers granted to the judge to adjudicate on its subject matter.

the purpose of its existence, the purpose of this study is to identify the guarantees provided by the procedural rules related to the case of urgency before contracting in the field of public deals to limit abuses.

in the conclusion stage.