THE NECESSITY OF TRANSFORMING FROM A PUBLIC INSTITUTION OF AN INDUSTRIAL AND COMMERCIAL NATURE TOWARDS A PUBLIC ECONOMIC INSTITUTION
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Abstract
In this article, I discussed the public institution of an industrial and commercial nature as one of the most effective methods of managing a public facility.
However, taking care of the public economic facility has become a burden on the state budget, and in the same context, the form of the state has changed from an intervening state to a controlling state that does not directly interfere in economic activity in application of the rules of the market economy. Add to that the administrative aspect, which limits its purely economic nature. All of these previous data add to the current orientation of Algeria in the economic field and therefore the institution of an industrial and commercial nature and considering the latter as a real economic operator with the aim of achieving profit, but this reality clashes with the legal nature of the public institution of an industrial and commercial nature, which has become an inevitable necessity for it to take the form of the economic field and to search for effectiveness in performing public service in the field of economic that affected the legal natureof the national company. For Electricity and Gas.
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References
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Ahmed Mahiou, Lectures on Administrative Institutions, translated by Mohamed Arab Sassila, fourth edition, Algeria, Bureau of University Publications, 2006.
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/ Theses:
Doctoral theses:
- Zaghdoud Ali, Public Institutions of an Economic Character in Algeria, PhD thesis in Public Law, University Printing Corporation, University of Algiers, 1987.
Master's theses:
Ait Wareth Hamza, The legal nature of the contracts of public institutions of industrial and commercial nature in the framework of the public procurement law, Master's thesis in law, public law branch, specializing in public business law, Faculty of Law and Political Sciences, Abdelrahman Meira University, Bejaia, 2012.
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Master's diary:
Akoura Jillali, Delegation of the public utility in the light of Executive Decree N° 18-199, Master's thesis in Public Law, Faculty of Law and Political Science, Abdelrahman Meira University, Bejaia, 2018-2019.
Bedirina Osama Abdelfattah, Ben Sidi Yassine, The legal system of public institutions of industrial and commercial nature, Master's thesis in Law, Faculty of Law and Political Science, Ziane Achour University, Djelfa, 2019-2020.
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Mamouni Naja, Methods of operation of public utilities in Algeria, Master's thesis in Administrative Law, Faculty of Law and Political Science, Abdelhamid Ben Badis University, Mostaganem, 2020-2021.
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Abdelkarim Mansour, A conceptual view of the public utility in Algeria, Algerian Journal of Historical and Legal Studies, first and second issues, June 2016.
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Karima Haji, Souad Dooley, Using Pareto 80-20 analysis as a tool for continuous improvement, a case study of the National Company for Electricity and Gas Distribution - Bechar Branch, Noor Journal of Economic Studies, Vol. 2, Issue 2, 2016.
Rim Hajer Bakkar, Abdelkader Bouras, The legal regime of public utilities under the market economy system, Journal of Research in Law and Political Science, Vol. 8, N° 2, 2023.
Saahi Fouzia, Economic reforms in the Algerian public institution -causes and consequences-, Journal of Development and Human Resources Management -Research and Studies-, Volume 08, Issue 02, Lounissi Ali University-Blida 2, Blida, 2021.
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/ Legal texts:
Constitutions
- The Constitution of the People's Democratic Republic of Algeria of 1976, promulgated on November 24, 1976, Official Gazette N° 94 of 1976.
- The Constitution of the People's Democratic Republic of Algeria of 1989, promulgated on February 23, 1989, Official Gazette N° 09 of 1989.
- The Constitution of the People's Democratic Republic of Algeria of 1996, promulgated on November 28, 1996, Official Gazette N° 76 of 1996.
- The Constitution of the People's Democratic Republic of Algeria for the year 2020, promulgated on December 30, 2020, Official Gazette N° 82 of 2020.
Legislative texts:
- Order N° 62-157, dated December 31, 1962, extending, until further notice, the French legislation in force until December 31, 1962, Official Gazette of the People's Democratic Republic of Algeria, N° 02 of 1963, p. 18.
- Order N° 65-320, dated December 31, 1965, containing the Finance Law for 1966, Official Gazette of the People's Democratic Republic of Algeria, N° 108 of 1965, p. 1521.
- Ordinance No. 69-59 of June 28, 1969, dissolving the Electricité et Gaz de l'Algérie and creating the National Electricity Company, JR, No. 65, dated August 1, 1969.
- Order N° 71-74, dated November 16, 1971, concerning the socialist management of enterprises, Official Gazette of the People's Democratic Republic of Algeria, N° 101 of 1971.
- Law N° 88-01, dated January 12, 1988, as amended, containing the Directive Law on Public Economic Enterprises, Official Gazette of the Republic of Algeria, N° 02 of 1988.
- Law N° 90-11 of 21 April 1990 on labor relations, amended and supplemented, Official Gazette of the People's Democratic Republic of Algeria, N° 17 of 1990, p. 562, amended by Law N° 91-29 of 21 December 1991, Official Gazette of the People's Democratic Republic of Algeria, N° 68 of 1991, p. 2654, and supplemented by Legislative Decree N° 94-03 of 11 April 1994, Official Gazette of the People's Democratic Republic of Algeria, N° 20 of 1994.
- Law N° 90-21, dated August 15, 1990, on public accounting, as amended, Official Gazette of the People's Democratic Republic of Algeria, N° 35 of 1990.
- Order N° 95-20, dated July 17, 1995, as amended, concerning the Accounting Council, Official Gazette of the Algerian Democratic and Popular Republic, N° 39 of 1995, p. 03, amended by Order N° 10-01, dated August 26, 2010, containing the supplementary finance law for the year 2010, published in the Official Gazette of the Algerian Democratic and Popular Republic, N° 49 of 2010.
- Ordinance N° 95-27, dated December 30, 1995, as amended, containing the Finance Law of 1996, Official Gazette of the People's Democratic Republic of Algeria, N° 82 of 1995.
- Law N° 99-05, dated April 04, 1999, containing the Directive Law on Higher Education, as amended, Official Gazette of the People's Democratic Republic of Algeria, N° 24 of 1999.
- Ordinance N° 01-04, dated August 20, 2001, concerning the organization, management and privatization of public economic institutions, Official Gazette of the People's Democratic Republic of Algeria, N° 47 of 2001, p. 09, and approved by Law N° 01-17, dated October 21, 2001, Official Gazette of the People's Democratic Republic of Algeria, N° 62 of 2001.
-Law No. 02-01 of February 5, 2002, concerning electricity and gas distribution by conduit, JR No. 8 of February 6, 2002.
- Ordinance N° 06-03, dated July 15, 2006, containing the General Statute of the Public Service, Official Gazette of the People's Democratic Republic of Algeria, N° 46 of 2006, p. 03, and approved by Law N° 06-12, dated November 15, 2006, Official Gazette of the People's Democratic Republic of Algeria, N° 72 of 2006.
- Law N° 07-11, dated November 25, 2007, amending the financial accounting system, Official Gazette of the People's Democratic Republic of Algeria, N° 74 of 2007.
- Law N° 08-09, dated February 25, 2008, amending the Code of Civil and Administrative Procedure, Official Gazette of the People's Democratic Republic of Algeria, N° 21 of 2008.
- Law N° 11-10, as amended, dated June 22, 2011, concerning the municipality, Official Gazette of the People's Democratic Republic of Algeria, N° 37 of 2011.
- Law N° 12-07, dated February 21, 2012, concerning the governorate, Official Gazette of the People's Democratic Republic of Algeria, N° 12 of 2012.
- Law N° 15-21, dated December 30, 2015, containing the Directive Law on Scientific Research and Technological Development, Official Gazette of the People's Democratic Republic of Algeria, N° 71 of 2015.
Organizational texts:
- Presidential Decree No. 02-195 of June 1, 2002 containing the Organic Law of the Algerian Electricity and Gas Company Sonelgaz S.A., JR No. 39 of June 2, 2002, amended and supplemented by Presidential Decree No. 11-212 of July 02, 2011, JR No. 32 of June 08, 2011
- Executive Decree No. 95-280 of September 17, 1995 containing the Organic Law of the Public Enterprise of Industrial and Commercial Character Sonelgaz, G.R. No. 54 of September 24, 1995.
Judicial rulings:
-Decision of the Council of State, Fourth Chamber, File N° 332, dated May 14, 2001, in the case of the Oran Real Estate Management Bureau v. Ain Timochent Works Corporation.
/ Lectures
- Asmaa Chaouch, Lectures on the Measurement of Economic Public Enterprises Master 2, Business Law Specialization, Jillali Bounaama University in Khemis Miliana, academic year 2023/2024.
-Dkhinissa Ahmed, Lectures in Public Facility, National School of Administration, Algeria, 2016-2017.
/ Electronic references:
- Website of the Official Gazette issued by the General Secretariat of the Government: www.joradp.dz.
- The website of the Accounting Council: www.ccomptes.dz.
- Ministry of Finance website: www.mf.gov.dz.
-Algerian Scientific Journal website: www. asjp.cerist.dz.