التطور القضائي و التشريعي في مجال منازعات العقد الإداري و آثره في تراجع نظرية القرارات الإدارية القابلة للانفصال

الملخص EN

The study deals with the latest judicial and legislative developments in the field of administrative contract disputes, as both the judiciary and legislation, especially in France, worked to develop a number of solutions to confront problems that were facing the right of others to challenge the administrative contract, whether the issue related to previous acts to conclude the contract And paved for it, or in some subsequent acts on the implementation of the contract, and even in the validity of the contract itself.

Moreover, the study included an explanation of the modern French judicial position regarding opening the way for others to challenge the process of concluding the contract and implementing it in all its phases through the full judicial suit, and the conditions which set for accepting these claims, in addition to the expansion of the discretionary power of the contract judge and his role in determining the fate of the contract in light of interest General and stability of contractual relationships.

Finally, regarding the legislative developments, the study came on the most important cases that the French legislator introduced in codifying administrative procedures, and indicated that this position was a reflection of the judicial position practiced by the French State Council.

Accordingly, reference was made to the most important types of urgent court cases in the field of concluding administrative contracts, the conditions for filing them, and the powers of the judge in them, all according to the legal organization thereof, which are mentioned in codifying French administrative procedures