الطعن بالإلغاء في القرارات الإدارية المنفصلة عن العقد الإداري والآثار المترتبة عنه: دراسة مقارنة

الملخص EN

Appealing the cancellation of administrative decisions separate from the administrative contract and the consequences thereof _-Comparative study Summary- The contractual operations carried out by the administration are complex legal operations, which include many procedures or works and stages; These procedures or actions are, in fact, administrative decisions that enter into the formation of the contract.

Therefore, when the administration concludes an administrative contract, it takes many administrative decisions, including what precedes the conclusion of the contract, and what is considered an implementation of this contract or is related to its termination.

These decisions are an integral part of the contract and are linked and integrated into the contractual process, and it has reached several results, the most important of which is with regard to the ruling to cancel the administrative decision separate from the administrative contract.

We found that this ruling must have a direct impact on the contract itself; Assuming that this is consistent with the principle of what is based on falsehood, it is false.

As long as the administrative decision that contributed to the formation of the contract decided to cancel it, it will inevitably be void, and there is no room to say here that the decision decided to cancel it is separate from the contract, given that without the existence of this decision, the contract itself would not have been, Accordingly