إشكالية الاختصاص القضائي النوعي في منازعات صفقات المؤسسات العمومية ذات الطابع الصناعي والتجاري في النظام القانوني الجزائري

Abstract EN

In light of the new public procurement law, industrial and commercial enterprises are now considered legally entitled to participate in public contracts, irrespective of whether these contracts receive partial or full funding from the state budget.

despite their classification as non-administrative entities, a significant predicament arises concerning the judicial authority to be approached in the event of contract disputes.

this issue stems from the legislator's utilization of a specific criterion to select judges for government-related conflicts, which renders businesses incompatible with the designated courts.

consequently, a complex challenge emerges, necessitating the identification of an appropriate judicial forum to adjudicate contract disputes involving businesses that are recipients of government funding.

this study delves into the intricacies of addressing this predicament, especially given the divergence of opinion among legal scholars regarding the interpretation of the law, alongside the variance in judgments passed by different judges.