Administrative Urgent Proceedings in Public Procurement Disputes under Algerian Law: Cases, Characteristics, and Significance

Abstract

This study examines the role and significance of administrative urgent proceedings in disputes arising from public procurement under Algerian law. It adopts a descriptive and analytical approach based on the Code of Civil and Administrative Procedure and the rules governing public procurement. The paper focuses on two principal forms of urgent judicial protection: interim financial advances granted to contractors whose established claims are not seriously disputed, and pre-contractual urgent proceedings intended to safeguard publicity, transparency, and competition during the award stage. It also analyzes the legal characteristics of judgments issued in such proceedings, the twenty-day time limit for adjudication, and the court's power to postpone the signing of a public procurement contract. The study finds that administrative urgent proceedings provide rapid and effective protection for contractors, competing economic operators, public funds, and the public interest. They also reduce the harmful consequences of ordinary procedural delay. However, several provisions remain ambiguous, particularly those relating to appeals and the procedural consequences of exceeding statutory time limits. The study therefore highlights the need for clearer legislative rules and more consistent judicial practice.