مناط اختصاص قاضي الإلغاء بالنظر في القرارات الإدارية القابلة للانفصال عن العقد

الملخص EN

This study aims to identify the meaning of the administrative decisions that can be separated from the contract.

it aims to identify the impact of annulling such decisions on the contractual processes.

the researcher adopted the comparative and inductive approaches.

she carried out a comparison between the French, Jordanian and Egyptian judiciaries.

she adopted a descriptive analytical approach in order to describe the judgments made by the judiciary to enrich this study in practical and theoretical aspects.

the researcher found that the appeal demanding to annul the administrative decisions issued during the stage of implementing the contract aren’t accepted.

that is because such an appeal is deemed as contractual disputes that fall under the jurisdiction of the contract judge.

this approach is adopted by the French, Jordanian and Egyptian administrative judiciaries.

during the stage of issuing the judgment to annul the administrative decision that can be separated from the contract before concluding the contract, the administration must refrain from proceeding in the contractual procedures.

otherwise, it commits a violation for the annulment judgment that is deemed binding.

the researcher recommends allowing the judge of the annulment power by the jordanian judiciary to determine all the logical effects of annulling the decision that can be separated from the contract.

such effects may include : annulling the contract.