Reception of public procurement in Moroccan law: A jurisprudential and judicial study of legal issues and the limits of managerial responsibility

Abstract

Despite the precision of the legal framework governing the contract reception phase of public procurement contracts under Moroccan legislation, this stage continues to raise practical and judicial issues, particularly regarding the transfer of risks and the limits of management responsibility of public officials.
This study aims to analyze the case law of Moroccan administrative and financial courts concerning the contract reception and to assess its contribution to clarifying the rules governing management and financial responsibility of the contracting authority as well as members of reception committees. The research adopts a doctrinal and jurisprudential approach, based on the analysis of relevant legal and regulatory texts, along with the examination of a selected sample of decisions issued by administrative courts and the Budgetary and Financial Discipline Chamber, while also drawing on comparative jurisprudence.
The findings indicate that financial courts tend to establish management responsibility. primarily on the basis of negligence in reception procedures rather than intentional misconduct, while emphasizing the explicit (non-implicit) nature of final reception. In contrast, administrative courts adopt a more flexible interpretative approach that takes into account the principle of continuity of public service.
These findings contribute to the development of practical jurisprudential guidelines capable of guiding public managers and supporting ongoing reforms of the public procurement system, as well as the protection of public funds.