الــرقــابـة عـلـى الصفقات العمومية كــآليــة لترشيد االنفـاق العــام -دراسـة حالـة الجـزائــر

Abstract

he safety and management of public contracts have become a focus of great interest. To ensure the rationalization of public spending and that contracting operations are conductedin a manner of equal competition and transparency, the Algerian legislator has adopted anadvanced legislative framework (Organic Law No. 18-15 and Public Contracts LawNo. 23- 12), as well as a multi-level oversight system (pre-existing conditions that prevent waste at the source, ensuring sound implementation, and post-accountability and accountability after implementation). From the above, this study aims to evaluate the effectiveness of public procurement oversight bodies in rationalizing public spending in Algeria, in light of a volatile oil market, an expansionary spending policy that is difficult to abandon, and a fertile environment for corruption and favoritism, using the deductive approach with its description and analysis tools, due to its compatibility with the nature of the objectives that the study seeks to achieve. The study concluded that the current system works well on the formal level, but it needs to enhance the economic dimension in the evaluation, as it contributes to preventingwaste but with limited effectiveness, as the legal framework, especially Law No. 23-12, andthe electronic portal represent a major step towards ensuring transparency and competitionintheory, but the practical application still suffers from challenges that weaken these guarantees, especially the ambiguity surrounding the "technical specifications" standard The broaddiscretionary power it grants to the contracting interest without precise controls, which opens the door to corruption through the possibility of manipulating the terms of the terms andconditions book. The contracting stage is also considered the most vulnerable to this phenomenon due to the competition it witnesses between dealers, because the principles of the contract are often violated in order to grant it to a specific dealer, in addition to theweakness of feasibility studies, the relative limited competition in reality despite publicannouncement, There is a gap between modern legislative development and practical application, which still suffers from structural challenges such as weak coordination, lackof competencies, control of bureaucratic culture, and weak punitive authority among judicial police bodies. Therefore, the guarantee exists legally, but its effectiveness on the groundis partial.Therefore, the study recommended moving towards an integrated regulatory model that combines legitimacy control and performance control, coordination between the financial information system and the electronic public contracts portal despite the possibility of merging them, training human competencies, providing political will, strengthening andgranting real independence to regulatory bodies and tight coordination between them, benefiting from the experiences of selected countries in this field, issuing a comprehensivelegal organization for a unified joint instructions terms and conditions book for technical andprocedural rules for similar public contracts to fill the legislative vacuum, Promoting integrityin government transactions in general and in public contracts in particular