The bases for concluding public service delegation agreements in Algerian legislation

Terms of Use:

Abstract

The derogation of the State for the management of public services for the benefit of persons governed by public or private law requires compliance with the basic principle which governs public establishments: the principle of public interest with its various dimensions, so that the success of this public service referred to in a delegation agreement is linked to the susceptibility of delegation, as well as to the proper selection of the delegatee.

 The principle of freedom of competition based on freedom of access to public requests, equality between candidates and transparency of procedures, is the fundamental guarantee for when choosing the right delegate capable of meeting the requirements of the principles governing the functioning of the public service: equality, changeability and continuity.

 Given the inadequacy of the provisions of Presidential Decree No. 15-247, this intervention aims to highlight a prospective study in which the principles that govern the formation of a delegation agreement which can take different forms, then the principles which govern the delegate during the implementation of the delegation agreement in order to achieve the objective of this operation.