مجلة القانون، المجتمع والسلطة
Volume 14, Numéro 1, Pages 139-155
2025-03-01

Principles For Concluding Public Utility Delegation Agreements As A Governance Benchmark

Authors : Temimi Basma . Bennouli Zarzour .

Abstract

The delegation of public utilities is a contemporary mechanism for the administration and management of public services, typically executed through public-private partnerships aimed at facilitating accelerated development. Due to the involvement of public funds in delegation agreements, classified as administrative contracts, there is an inherent need for robust safeguards against corruption and mismanagement. The Algerian legislator, through Executive Decree No. 18-199, has established a comprehensive legal framework for the conclusion of such agreements. This framework is underpinned by core principles, including the principles of open and unrestricted access to public procurement, non-discriminatory treatment of bidders, and procedural transparency. These principles are essential for promoting accountability, safeguarding public finances, and reinforcing the tenets of governance and sound public administration.

Keywords

Governance ; Delegation Agreement ; Public Utility ; Principles of Conclusion.