دور القاضي الإداري في إعادة التوازن المالي لمعقد الإداري في المملكة الأردنية الهاشمية

الملخص EN

The study aimed to clarify the role of the administrative judge in restoring the financial balance of the administrative contract in the Hashemite Kingdome of Jordan and in countries that take the concept of the administrative contract in order to distinguish it from the private contract, where the study starts from recognizing that there is a clear imbalance in the legal positions between the parties to the administrative case within the scope of administrative contracts.

The descriptive and analytical approach to analyze the legal texts and the legal provisions governing this topic and analyze the relevant applications and judicial rulings so that the mechanism of the financial rebalancing of the contract and the role of the judge in achieving this can be eliminated with the large number of disputes, problems and difficulties faced by administrative contracts in general.

In this study, the researcher dealt with the comparative method and other texts related to the research topic., The role of the administrative judge becomes more important and positive in countries that adopt the dual judiciary system, unlike countries that adopt a unified judiciary where the role of the judge is limited.

The Jordanian legislator has gone a long way in establishing the pillars of the administrative judiciary, yet it did not grant it the power to consider disputes in administrative contracts.

The study recommended that the Jordanian legislator should assign all disputes related to administrative contracts and other administrative disputes to the administrative judiciary by expanding the powers of the administrative court, as