The Principle of Competition Under Law No 23-12 Relating to Public Contracts and Its Effectiveness in Preventing Corruption

Objectives: This study aims to shed light on the principle of competition within Law No. 23-12 related to public procurement. It begins by highlighting the guarantees related to this principle, particularly those concerning the method of selecting the contracting party and the procedures for awarding public contracts. The study then addresses the limitations of the competition principle, which are embodied in the negotiation process as an exception, along with the exclusion procedure. Finally, it examines the effectiveness of the legal framework governing the principle of competition, particularly in the field of combating corruption. Methodology: This study relies on a range of scientific research methods, the most important being the analytical method, which involves analyzing the legal texts related to the regulation of the principle of competition, particularly Law No. 23-12. Additionally, the descriptive method is employed to describe the legal and practical reality of the competition principle. In some cases, the comparative method is also utilized, comparing legal texts in response to legal developments. Results: It is concluded that Law No. 23-12 concerning public procurement has contributed to strengthening the principle of competition, particularly through the innovations it introduced. Moreover, the exceptions established by the legislature do not undermine the principle, as they are necessitated by the requirements of protecting the public interest. However, the legal safeguards in place are insufficient due to certain shortcomings and the complexity found in some provisions of the public procurement law. Conclusion: The legal framework governing the procedures for awarding public contracts contains several safeguards to achieve the principle of competition, which can contribute to preventing corruption. However, these safeguards have proven to be less effective, as demonstrated by the prevalence of various forms of corruption in this area. This necessitates strengthening these legal safeguards by addressing the gaps and clarifying the ambiguities in some provisions of the public procurement law. Additionally, oversight should be reinforced to ensure compliance with the various principles upon which public procurement is based.