القاضي المختص بالرقابة القضائية على إنهاء الانفرادي للعقد الإداري لدواعي المصلحة العامة

الملخص EN

The decision of the administration regarding the termination of the administrative contract is subject to the control of the administrative judiciary, whether it terminates the administrative contract by its own will or as a result of the contractor’s violation of his own obligations, or also as a result of penalty.

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

Despite the absolute power of the administration to terminate the administrative contract to achieve public interest, the judicial control limits its ability to exercise this power to which it is forcibly committed.

It also requires the availability of all the conditions to be complied with by the administrative body, whereas, the administration’s power is considered as discretionary authority subject to the Control of the administrative judiciary.

The administration’s power to terminate the administrative contract on its own will is predicated on the pursuit of public interest only.

This is done through the control of the administrative judiciary over the legitimacy of the decision and the extent to which the administration is compliant with the law as it was initially issued.

Most countries adopt this system including the UAE.