Portée et limite du régime juridique du partenariat public-privé en droit positif congolais

• Published in: Recht in Afrika
• Main Authors: Ursil Lelo Di-Makungu, Junior-Jackson Bosakelia Lokwa, Jean Bakomito Gambu, Christian Mbodjima
• Format: Article in Journal/Newspaper
• Language: German; English; French
• Published: Nomos Verlagsgesellschaft mbH & Co. KG 2023
• Subjects: Asia and Eurasia; Africa; Pacific Area; and Antarctica; KL-KWX; Pacific; Antarc*; Antarctica
• Online Access: https://doi.org/10.5771/2363-6270-2023-1-84; https://doaj.org/article/15bf67f1fb2545aba73036c8089a158b

Law No. 18–016 of July 09, 2018 (Democratic Republic of Congo) on the private partnership devotes a specific legal regime to the public-private partnership contract, which, being administrative in nature, strictly takes one of four forms: concession, leasing, interested management and the partnership contract. Linked to the country's development challenges, the scope of the Congolese public-private partnership legal system is to be attractive, secure and balanced. Also, and above all, this system guarantees transparency, competition, equality and objectivity in the process of concluding a public-private partnership contract, which must go through a call for tenders. It is advisable, however, to reserve ourselves the effectiveness of the institution of the spontaneous offer insofar as the author of the offer will be subjected to the competition by the procedure of invitation to tender. It does not appear to be advantageous to him, notwithstanding the fact that he benefits from the compensation for costs incurred. The absolute non-retroactivity of the law is worrying. Indeed, without any transitional measure obliging the parties to review the public-private partnership contracts that predate this new legal regime, most of these old contracts that are currently being executed will remain leonine.