The Transition To Electronic Contracting In The Field Of Public Procurement -a Comparative Study-
Auteurs : Sadeki Abbes . Hamadi Mohammed Ridha .
Résumé
In countries with a dual legal and judicial system, such as Algeria, France, and Egypt, special legal provisions have been established for administrative contracts, with public procurement contracts being one of their prominent forms. This study adopts a comparative methodology to explore the potential integration of electronic methods in the formation of public procurement contracts. The legal frameworks governing such contracts predominantly focus on traditional administrative practices grounded in paperwork and formal procedures, despite some provisions related to electronic tools. The excessive reliance on formality throughout all stages of contract formation is seen as a legal safeguard to ensure transparency and integrity. The study concludes that realizing the benefits of electronic contracting in administrative contracts, including public procurement, requires adapting classical principles to align administrative transparency with standards of efficiency, effectiveness, and economic performance, rather than solely relying on formal and written safeguards to validate administrative actions.
Mots clés
Administrative Contracts ; Public Procurement ; Electronic Contracting ; Formalism ; Legality
