The Social and Economic Dimension of Employment Contracts for Public National Property in Algeria.

Abstract

Due to the importance of real estate belonging to the public domain, the legislator has provided it with exceptional protection, particularly with regard to its exploitation. The principle of the non-disposability of public national property is noteworthy, as it prohibits any handling, prescription or encroachment, thereby ensuring protection from administrative and individual interference. This guarantees effective protection for such real estate.

The Algerian legislator has confirmed the possibility of temporarily using these properties, including both real and movable public national properties, with this exception. This temporary use can take various forms, reflecting the state’s role in establishing regulations and restrictions for utilising this public property. This promotes public service and ensures continued benefit from public property. This promotes social and economic development for citizens.

Thus, the state seeks to enter into administrative contracts that inherently carry a social and economic dimension for managing these properties. The state relies on concession contracts as a general rule for exploitation, or unilateral administrative licences as an exception. This approach respects the constitutionally enshrined right of citizens to utilise and benefit from such properties