مجلة البحوث السياسية و الادارية
Volume 4, Numéro 1, Pages 255-270
2015-06-01

عقود المشاركة بين القطاع العام و القطاع الخاص دراسة تحليلية مقارنة

الكاتب : نمديلي رحيمة .

الملخص

The contemporary global trend moves toward granting more space to personal and private initiatives, and the opening of the economic activity in the market, which has resulted in the emergence of a variety of ways of financing economic activity and administration of public institutions, and one of these ways is the contract of participation between the public sector and the private sector. This contract is defined as an administrative contract whereby one person governed by public law gives a person of private law a global mission relating to the financing of investment, relating to the works and equipments necessary to the public establishment and its administration, operation, and maintenance during the fixed duration, in the light of the nature of the investment and funding methods, In return; the contracting authority undertakes to pay financial amounts in instalments over the contract period, while being jointly responsible for the risks resulting from the execution of the contract. This definition shows that the participation agreement binds a person governed by State’s public law and public institutions to a person of private law (project company) whether national or foreign, to the effect of achieve, equip, design, implement and maintain one of the projects of the basic infrastructure, such as hydraulics, energy projects, communications and others, against a financial contribution paid cyclically throughout 06 months or 01 year, according to the nature of the investment, infrastructure carried out by the contractor, and the care he devoted to them in accordance with what was agreed. Such contracts were therefore regarded as administrative contracts in accordance with the French contractor, as well as the financial contribution which is paid regularly by instalments. This type of contract was established for the first time under English law in the early 1990s, of the 20th century, then is spread in many countries such as France, Egypt and Algeria thanks to its advantages for the State to which it allows funding for basic infrastructure projects without having to devote large financial expenditures and budget, against a financial counterpart paid to the contractor over a long period, allowing the latter to carry out several projects, ensuring prosperity to its investments, while increasing the rate of its profits to achieve overall legislation, subject to the code of procurement in France, despite the fact that they are characterized by a long period of performance of the contract and the shared responsibility between the administration and the financial and economic posterity

الكلمات المفتاحية

عقود المشاركة ، القطاع العام ، القطاع الخاص