القضاء الإستعجالي قبل التعاقد في مادة الصفقات العمومية

Abstract

Abstract: Public procurement is considered the most effective legal and economic tool for implementing local and national economic development plans, and due to its direct connection with public money, the public administration must abide by the legal texts regulating the stage of its conclusion and take into account the basic principles on which public deals are based, such as freedom of access to public requests Equality in the treatment of candidates, in addition to the transparency of procedures. In order to protect the principle of legality during this stage, the various mechanisms of judicial control over disputes arising from public deals, especially in their urgent aspect, must be activated . Therefore, the judiciary considers urgency before contracting one of the effective ingredients to address the abuses that occur in the field of concluding public deals, It is a procedure of European legislative origin, adopted by the French legislator under the Administrative Courts and Administrative Appeals Boards Act, as well as the Administrative Judiciary Law, and it was organized by the Algerian legislator in the Civil and Administrative Procedures Code. It is triggered in the event of breach of the obligations of advertising and competition to which the public deals are subject by the contracting authority, prior to their conclusion, so that the judge of urgency can use unfamiliar broad powers. Such as the authority to order and impose a threatening fine, as well as delaying the signing of the contract and this is in order to protect the process of concluding by assigning the deal legally to the qualified candidate. Keywords: Public transaction, the pre-contractual summary, advertising, competition, the injection, the penalty, postponing the siging of the contaract.