Strengthen the delegation's contract in France and the challenges of applying it in Algeria

Abstract

The delegation of Public Service in France like in Algeria constitutes the legal basis of contracts aiming to perform the public service by transferring its managing responsibilities to a third party via a new and clear system that allows the opening of the investing environment inside the public service,the French legislature abolished the legal system of the General Assembly's authorization contracts under the new concession law, but it was not unusual in the conduct of public applications in France. It is an update of the concept of delegation of the public utility and the privilege of public works. In examining the concession contract in its new form, it is worth noting that it enhances and appreciates the legal gains of the General Assembly's delegated technology by determining the nature of the delegated general facility on the one hand and, on the other, strengthening the financial standard and determining how to assess and assess investment risks. in order to develop its capacities, and therefore to perform the required productivity and efficiency. Nevertheless, the success of this system is closely related to many criteria linked to the delegate authority as well as to the delegated person himself among these criteria we can notice the Implementation of a legal regime that guarantees the good choice of the delegated person, according to the principles of competition and transparency.