الرقابة الادارية كضمانة لحماية مبدأ المنافسة في ظل الصفقات العمومية

Abstract

Thenewlaw23-12stipulatesthegenerallegalrulesrelatedtopubliccontracts- and the necessity of establishing the principle of freedom of competition and transparencyinpubliccontracts-astheprincipleofcompetitionisconsideredthe most important of the latest principles on which public contracts have become based.Theserulesincludedthemethodofconcludingpubliccontractsaswellas the areas of their application. The most important administrative controls are regardingpublic characteristics,andthelegislatorwas keennotto violatethem andmaketheirapplicationmandatory. This came after the completion of the laws of Presidential Decree 247-15 containingtheregulationsofpublicprocurementandpublicutilityauthorizations. This presidential decree was based on a group of laws and decrees of both presidential and executive types relatedto the field of public procurement. The general authorization takes various forms, including concession, lease, management,andagency,allofwhicharecontractsoflaw.Theyearunderwhich partofanattachedactivityistransferredtothecommissionerinordertomanage andconductitwithinthelimitsofwhatwasagreeduponinthecontract