The Legal Rgime of The Agents Contractual in the Public Function in Algeria

Abstract

For the purpose of good conduct of public services, the Algerian legislator had recourse to the contractual regime in public function, it is worth noting that he has adopted the fundamental legal and regulatory relation in governing the relation linking the civil servant to the administration.

Thus, the contractual regime in public function represents an exceptional means that is enacted through a determined or an undetermined contract in order to perform temporary tasks and activities in the administration .

The contractual agents join in the public function according to specific conditions and determined procedures, as a result of prevailing political and economic circumstances, where the principle of the supremacy of will was adopted bècause of the impact of market economy, state modernization and renewal of its methods.

The problematic laid out in this study remains in showing the legal framework pertaining to the issue of agents submitted to the contractual regime in Algeria. I have adopted in this research work the descriptive and analytical methods which led me to several results: The contractual regime is a mechanism which provides flexibility in terms of managing the human factor and modernization of the administration through rehabilitating the public function in Algeria