THE ROLE OF THE NEEDS ASSESSMENT PROCESS IN PROTECTING THE ENVIRONMENT AND ACHIEVING SUSTAINABLE DEVELOPMENT: AN ANALYSIS OF ARTICLE 07 OF LAW 12-23 ON PUBLIC PROCUREMENT REGULATIONS
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Abstract
The needs assessment process in public procurement law is the fundamental pillar on which contracting authorities rely to determine the type, nature and objectives of contracts aimed at meeting emerging and evolving needs with the aim of achieving economic, social, cultural or environmental development.
Recent climate changes at international, national and local levels have forced legislators and public procurement stakeholders to adapt laws and regulations to meet the requirements of environmental protection and sustainable development. This is due to the significant role that procurement plays in requesting services and supplies and in creating various projects that may harm the environment and affect natural, financial and environmental resources. Therefore, the first step towards achieving the objectives of environmental protection and sustainable development is a detailed, precise and rigorous legal framework for the needs assessment phase of public procurement.
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References
Constitutions
Constitution of Algeria of 2020: Adopted on 30 December 2020, Official Journal No. 82.
Ordinary laws
Law No. 23-12: Dated 18 Muharram 1445, corresponding to 5 August 2023, establishes general rules relating to public procurement, Official Gazette No. 55 of 6 August 2023.
Law No. 03-10: Of 19 July 2003, concerning the protection of the environment in the context of sustainable development, Official Journal of 20 July 2003, No. 43, page 6.
Law No. 05-12: of 4 August 2005, on the management of water and its protection against pollution and overexploitation, amended by Law No. 08-03 of 23 January 2008.
Law no. 01-19: Concerning waste management, focusing on the treatment of hazardous and non-hazardous waste, while promoting recycling and reducing waste production.
Law no. 07-06: Of 13 May 2007, concerning green areas, their protection and development.
Law no. 11-02: Of 17 February 2011, on protected areas in the context of sustainable development.
Presidential and executive decrees
Presidential Decree no. 15-247: of 16 September 2015, concerning the organisation of public procurement and the delegation of public services, Official Journal no. 50 of 20 September 2015.
Executive Decree No. 98-227: Dated 19 Rabi al-Awwal 1419, corresponding to 13 July 1988, concerning expenditure on public equipment.
Executive Decree No. 21-219: Approving the General Administrative Clauses Book, dated 20 May 2021, Section Twelve entitled Environmental Protection.
REPORTS
Report “Our Common Future”: Published in 1987 by the United Nations World Commission on Environment and Development, also known as the Brundtland Commission.