المبادئ الدستورية للمرفق العام في ظل التعديل الدستوري 2020

Abstract

This study aimed to analyze the fundamental principles governing the management of public utilities within the Algerian legal system, specifically: the principle of Neutrality, Equality, Continuity, and Adaptability. The research sought to highlight the vital role of these principles in establishing the rule of law, protecting citizens' rights from administrative arbitrariness, and ensuring the regular and uninterrupted provision of public services. The study traced the constitutional and legislative consecration of these principles, demonstrating how they were elevated under the 2020 Algerian Constitutional Amendment to become binding constitutional pillars aimed at moralizing the administration and achieving balanced territorial coverage. Furthermore, the research addressed contemporary challenges facing public utilities, particularly digital transformation and cyber threats, and how these challenges necessitate the activation of the adaptability principle and the modernization of administrative methods. The study concluded that these four principles form an organically integrated unit, and their effective application requires a shift towards e-administration and the activation of modern oversight mechanisms to embody the principles of good governance.