Corruption in Public Procurement: Between the Debate over Legal Texts and Judicial Proceedings
Keywords:
Administrative Corruption; Digitalization; Governance; Judicial oversight; Law 23-12; Public procurementAbstract
This study addresses corruption in public procurement as a critical issue related to protecting public funds and ensuring the proper management of public administration. It aims to provide a comprehensive conceptual framework for both corruption and public procurement, analyzing potential manifestations of corruption during the preparation, award, and execution stages of procurement processes. The study also seeks to clarify the legal and supervisory mechanisms employed to prevent and combat corruption. A descriptive and analytical methodology was adopted, based on a review of relevant legal texts, particularly Algerian Law No. 23-12 of 2023 and Law No. 06-01 on the Prevention and Combating of Corruption, along with prior studies and judicial practices. The findings indicate that public procurement is highly susceptible to corrupt practices, including favoritism, bribery, and embezzlement. The results demonstrate that enhancing transparency, promoting competition, and activating oversight mechanisms significantly mitigate this phenomenon. Furthermore, the study highlights the essential role of judicial proceedings in enforcing legal provisions and holding offenders accountable. The development of governance mechanisms and the expansion of digitalization—including the new electronic public procurement platform (2026) and blockchain-based smart contracts—represent effective tools for improving public procurement management and safeguarding public funds. The study concludes with several recommendations, including the clarification of ambiguous provisions in Presidential Decree No. 15-247, the establishment of secure whistleblower channels, and mandatory integrity declarations.
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Legislative texts (primary sources – cited as legal authorities):
Ordinance No. 67-90 of June 17, 1967 relating to public procurement.
Decree No. 82-145 of April 10, 1982 regulating public procurement.
Executive Decree No. 91-343 of November 9, 1991 relating to the organization of public procurement.
Presidential Decree No. 10-236 of October 7, 2010 relating to the organization of public procurement. Official Gazette No. 58.
Law No. 06-01 of February 20, 2006 on the prevention and combating of corruption. Official Gazette No. 14.
Presidential Decree No. 15-247 of September 16, 2015 relating to the organization of public procurement and public service delegations.
Law No. 23-12 of August 5, 2023 establishing the general rules relating to public procurement.
Decision of February 4, 2026 (16 Sha'ban 1447 AH) defining the content of the electronic public procurement portal and its management procedures.
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