The consensus approach is an exception in concluding agreements for the delegation of public utilities in Algerian law

Abstract EN

The delegated authority utilizes the mutualization procedure as an exceptional approach to finalize public utility delegation agreements.

this method stands in contrast to the general contracting principle based on the competition demand method.

it is employed for specific objective reasons and is subject to the provisions of executive decree no.

18-199, which governs public utility delegation.

when selecting the delegate, the delegated authority either does so directly or through limited means, prioritizing speed and flexibility in contracting to serve objective considerations and meet public interest requirements.

nevertheless, they operate within the boundaries established by the Algerian legislator to prevent corruption and safeguard public funds when adopting this contracting method.

to prevent any form of deviation or abuse that may arise during the preparation, conclusion, and implementation stages of the contract, the Algerian legislator has implemented various oversight mechanisms for public utility delegation agreements.