Legal and Regulatory Gaps in Executive Decree No. 21-219 Approving the General Administrative Clauses for Public Procurement

Abstract

This study aims to examine the legal and regulatory gaps related to Executive Decree No. 21-219 approving the General Administrative Clauses for public works contracts, by analyzing its ability to keep pace with recent legislative and administrative developments in Algeria, particularly in light of Law No. 23-12 on public procurement and public service delegations. The analysis shows that, despite its importance in regulating the execution phase of public works contracts, the decree suffers from several shortcomings, including the lack of clarity regarding the binding nature of its provisions, the weak and limited integration of the environmental dimension, and deficiencies in addressing digital transformation within the public procurement system.