THE PRINCIPLE OF PROCEDURAL TRANSPARENCY IN LIGHT OF THE DEVELOPMENTS OF LAW NO. 23-12 DEFINING THE GENERAL RULES ON PUBLIC PROCUREMENT AND CORRUPTION PREVENTION

Field: Social Sciences (Social Sciences)

Objective: The primary objective of this study is to evaluate the extent to which the principle of procedural transparency is respected and effectively implemented under Law No. 23-12 on public procurement in Algeria. This law represents a significant legal framework that governs the procedures for awarding and executing public contracts. The research particularly aims to assess how transparency operates as a safeguard for fair competition and as a tool to prevent corruption, by ensuring equal opportunities for all bidders and rational use of public resources. Theoretical Framework: The study is grounded in theories of good governance and anti-corruption, with a particular emphasis on transparency as a legal and institutional principle. Transparency is analyzed both as a normative concept embedded in public law and as a functional requirement in the field of public procurement. The research draws on international standards and comparative legal frameworks to contextualize the Algerian approach and to evaluate the alignment of Law No. 23-12 with globally recognized principles, such as those found in UNCITRAL Model Law and OECD guidelines. Method: This research adopts a qualitative legal analysis methodology, focusing primarily on a doctrinal review of Law No. 23-12. The study involves a critical examination of legislative texts, decrees, and official procurement procedures to identify whether transparency is adequately institutionalized throughout the procurement cycle. In addition, a comparative approach is employed to juxtapose Algerian legislation with international best practices, enabling an informed assessment of strengths and gaps. Results and Discussion: The analysis reveals that Law No. 23-12 introduces several procedural mechanisms that aim to strengthen transparency, such as the publication of calls for tenders, the use of electronic platforms, and the codification of objective criteria for evaluation and award. However, the study also identifies areas of concern, including discretionary powers left to contracting authorities and limited public access to post-award information. These shortcomings may undermine the intended transparency and open pathways for corruption or unequal treatment of bidders. The discussion highlights the need for more stringent enforcement measures and clearer guidelines for compliance. Research Implication: The findings of this research have important implications for policymakers and public institutions. They underscore the necessity of revising and reinforcing existing transparency measures to ensure consistency and effectiveness in practice. The study also suggests the adoption of capacity-building programs and digital procurement tools to operationalize transparency and reduce opportunities for corruption. These recommendations can guide future reforms and monitoring strategies in public procurement governance. Originality/Value: This study contributes to the academic and practical discourse on public procurement reform in Algeria by offering a focused legal assessment of transparency under Law No. 23-12. Its originality lies in linking legal analysis with anti-corruption objectives within a specific legislative framework. The research provides valuable insights for legal scholars, anti-corruption experts, and public administrators, highlighting both legislative achievements and areas requiring urgent attention to foster integrity in public spending.