LAW N_ 2017/010 _OF 12 JUIL 2017
TO LAY DOWN THE GENERAL RULES AND REGULATIONS GOVERNING PUBLIC ESTABLISHMENTS
The Parliament deliberated and adopted, the President of the Republic hereby enacts the law set out below:
# CHAPTER I GENERAL PROVISIONS
# I - SUBJECT, SCOPE OF APPLICATION AND DEFINITIONS
Section 1: (1) This law lays down the general rules and regulations governing public establishments.
(2) It sets out the terms and conditions for the setting-up, organization and functioning of public establishments, as well as related restrictions and incompatibilities. (3) Separate laws may, as and when necessary, set up other forms of public establishments.
Section 2: (1) This law shall apply to. the following types of public establishments:
-administrative public establishment; - social public establishment; - hospital public establishment; - cultural public establishment; scientific public establishment; - technical public establishment; - professional public establishment; economic and financial public establishment; special public establishment.
(2) A public establishment may take one or more of the forms referred to in Section 2(1) above. (3) Instruments setting up public establishments shall determine the type of each public establishment as specified in Section 2(1) above. (4) The organization and functioning of special public establishments may derogate from the provisions of this law, in particular when governed by international or sub-regional regulations. (5) Trades chambers shall be excluded from the provisions of this law.
Section 3: Public establishments shall be distinguished solely by their noncommercial and non-industrial purpose.
Section 4: For the purposes of this law and the regulations arising therefrom, the following definitions shall apply:
Board member: a corporate body or natural person that is a member of a Board of Directors appointed in accordance with the rules and regulations governing public establishments and that participates in the administration of the entity.
Financial autonomy: the powers of a corporate body to freely administer and manage its movable and immovable, tangible and intangible or liquid assets in the pursuit of its corporate purpose. Budget: an estimate of all the income and expenditure of a public corporation for the fulfilment of its duties within a financial year. Public establishment: a corporate body governed by public law with legal personality and financial autonomy, responsible for managing a public utility or carrying out a special general interest mission on behalf of the State or a regional or local authority. Allocated property: all the movable or immovable, tangible or intangible or liquid assets placed by the State, public establishment and/or regional or local authority at the disposal of a public establishment. Performance: capacity to accomplish a task to achieve results, in keeping with preset objectives, minimizing costs and the processes used.