آليات مكافحة الفساد في مجال الصفقات العمومية

Abstract

Public procurement is one of the areas most susceptible to the spread of corruption in its various forms, particularly administrative and financial corruption. The latter is carried out through complex methods that make it difficult to detect or control after the fact. The escalation of this phenomenon undermines the principles of the rule of law and transparency, as well as weakens respect for legal rules, leading to serious consequences, most notably the squandering of public funds and the prioritization of personal interests over the public good . This situation has prompted the Algerian legislator to establish a legal and institutional framework aimed at protecting this sector, by strengthening oversight at the various stages of concluding and executing public procurement contracts, through the implementation of preventive and deterrent mechanisms. These mechanisms are primarily based on the legislative framework, most notably Law No. 06-01 on the prevention and fight against corruption, as well as Law No. 23-12 regulating public procurement, in addition to the complementary regulatory texts. The state also relies on a set of specialized institutions and bodies for combating corruption, as well as financial and administrative oversight authorities, which aim to enhance the effective management of public funds and limit various forms of misconduct and unlawful practices in the field of public procurement.