التىفيذ المالي للصفقات العمومية في ظل القانون 23-12

Abstract

The financial execution of public contracts under Law 23-12 is a crucial topic, as it concerns how funds are disbursed and financial obligations arising from public contracts are fulfilled according to the new rules introduced by Algerian Law 23/12, which defines the general rules relating to public contracts. This is achieved by clarifying the concept of price, a fundamental principle upon which public contracts are based, as demonstrated by the aforementioned law and Presidential Decree 15-247, which regulates public contracts and public service delegations. This is further clarified by the determination of the contract price. The Algerian legislator has established legal solutions in the event of a change in the contract price, employing the mechanisms of updating and revision. It has also adopted the addendum as another tool for amendment to restore the financial balance of the contract. Given the connection of these contracts to the public treasury, the Algerian legislator has mandated a comprehensive legal framework that requires economic operators to provide financial guarantees aimed at protecting public funds and ensuring the proper execution of public contracts. These financial guarantees vary in form and nature, depending on the nature and type of each contract, with legal and procedural mechanisms in place to ensure their activation and implementation