Decision of the Decisive Referral in Public Auctions - A comparative study

Abstract

States paid more attention to set up a legal system for the way of their funds management and to indicate how they can deal with such system in terms of different kinds of legal practices such as buying, leasing and giving licenses. In order for this legal system to ensure the management of such funds and to achieve a balance for both the interests of the administration and its clients by finding the public outbidding.      Legal texts are being drafted including the general principles of the auctions out of equality between the competitors, freedom of competition in addition to publicity, which is one of the pillars of public auction. Participants have to meet requirements of applying by means of competent committee assigned to carry out such process coming up to select the best contractors by the buying and selling committee. Then, the ruling of the committee specialized in certifying the decision of decisive referral, which is one of certified decisions as a condition of being valid by the buying and selling committee including laying the auction upon the person of a highest price. We find that all this will be implemented through the provisions of the valid Act of sale and lease of the state funds No. 21 of 2013 amended in 2010. By its practical application, the legislature had to amend it by 2016 due to several defects of its provisions. Therefore, the amendment was performed to avoid the loopholes of the Act of sale and lease concerning the state funds No. 21 of 2013.  In addition, to get the legal interest for cancelling the dissolved and to find the legal interest and accounting for it, as issued by the cancellation of the dissolved Council Resolution No. 163 of 1998, and the shortcomings produced by the practical applications of the Act.