مدى سلطة ا لإدارة في أحكام العقد ا لإداري

Abstract

The Algerian legislator has given the contractual interest vast privileges to public authority through a set of laws with the most significant being the public transactions law, making it the strongest party in the contract for his quest to facilitate its work in achieving public interest. The administration has authorities and privileges through all the phases of the making of the administrative contract, starting from its signing, its execution and up until concluding it, nevertheless; its main authority is found during the execution phase of the administrative contract represented in censorship authority and supervising its implementation as agreed upon, alongside the jurisdiction to willingly amend the terms of the administrative contract and these are preventive authorities taking by the administration and the most serious of those is the authority to sign penalties without resorting to the law. Yet, this is necessary especially if the contract is a business transaction since this type of contracts is expensive to the state’s treasury and therefore all measures are to be taken in order to preserve it.