التسوية القضائية للمنازعات الناتجة عن الصفقات العمومية المخالفة للقانون

الملخص EN

In view of the fact that public is an administrative contract, and that is governed by the same rules as contracts in terms of elements and validity conditions, In the event of the conduction of an unlawful public procurement, yet it's implementation by the contractor as a commitment is, the contracting service's failure to pay the financial entitlements to the contractor in reason that it's unlawful, that leads the contractor to recourse to administrative judiciary as a legality guardian.

Thus, the judge while ruling the case he must imbalance between the strict application of law about the contract's elements and its validity terms in accordance with the public procurement law and relevant laws, on the other side, in terms of the contractor's implementation of the procurement, also, the contracting service benefit from the implementation process is an important problematic to discuss and research through the established jurisprudence of the comparative regimes.