Outsourcing Law in Tunisia: Public Sector Legal Reform

The legal framework for outsourcing in Tunisia has significantly evolved, especially in the public sector. Main legal texts - Decree No. 96-49 of 16 January 1996, which allowed public administrations and entities to outsource non-core activities to private providers (security, cleaning, training, recycling, and similar services). - Decree No. 2002-3158 of 17 December 2002 on public procurement, amended notably by Decree No. 2012-515. It includes rules governing subcontracting/outsourcing in public contracts. - Circular No. 35 of 1999, which encouraged clear and limited outsourcing contracts with organized-sector companies. Major change in 2024 Since 23 February 2024, the outsourcing regime in Tunisia's public sector has been abolished. New outsourcing contracts in the public sector are prohibited, and conflicting measures were repealed, including Circular No. 35 of 30 July 1999. Practical impact Public entities now need to: - reorganize internal operations; - reassess existing contractual models; - secure legal compliance in procurement and service delivery. Conclusion Outsourcing in Tunisia, particularly in the public sector, is now subject to a stricter legal approach. Ongoing legal monitoring and specialized counsel are essential to remain compliant.