الطعن على قرار إحالة العطاءات في عقد الأشغال العامة : دراسة مقارنة بين التشريعات الأردنية و الفلسطينية

الملخص EN

The issue of contesting the resolution related to the assignment of bids in the public works contract in Palestine and Jordan This study discusses the issue of contesting the resolution related to the assignment of bids in the public works contract in both Palestine and Jordan.

The legislators in both countries have organized the legal procedures that the administrative bodies and the bidders must adhere to when contracting in the public works of government according to the bylaw resolution 8 of 2014 on Palestinian General Procurement, and the Cabinet Decision of the Palestinian Public Procurement System for 2014, as well as the instructions of the Jordanian government tenders for the year 1987.

The appeal may be based on the resolution of referral through the defects of the administrative resolution, which is the defect of deviation, jurisdiction, form and procedures, or based on the resolution to refer to an incorrect reason or defect of violation of the law.

The post-contract disputes are assigned to the ordinary court, The interpretation of the contract and the rights of its parties is a dispute governed by the contract, where it is considered a civil dispute.

The study concluded that the resolution of assignment in the contract of public works should be subject to the full jurisdiction of the administrative judiciary, with the necessity for the Palestinian Administrative Judiciary to become Cancellation and compensation judiciary with multiple administrative courts in terms of location, Similar to the Jordanian administrative judiciary.