موقف التشريع و القضاء في دولة الإمارات العربية المتحدة من سلطة الإدارة في إنهاء العقد الإداري

الملخص EN

The decision of the administration regarding the termination of the administrative contract shall be subjected to the control of the administrative justice whether it terminates the administrative contract by its own will or as a result of the violation of the contractor to its own obligations, or also as a result of penalty.

This is considered as a basic guarantee for the contractor with the administration against the arbitrary use of its authority.

However, oversight of the judiciary over this authority restricts the powers granted to the administration upon termination of the administrative contract and its obligation to abide by it in the exercise of this authority.

It also requires that all conditions be met by the administration, as the management authority is considered a discretionary authority subject to the supervision of the administrative judiciary.

The authority of the administration to terminate administrative contract is based on the reason of public interest, which is the only reason to do so.

This is carried out within the context of the supervision of the administrative judiciary over the legality of this decision and the extent to which the administration is committed to the accuracy of the law when it is issued.

It is to be noted that most countries have adopted this system, including the United Arab Emirates.