سلطات الإدارة في تنفيذ عقد الأشغال العامة في القانون الفلسطيني : دراسة تحليلية

الملخص EN

The public works contract is currently considered as one of the important legal means of administrative activity, due to the intervention of the modern state in the economic and social spheres.The State, represented in its various departments, especially in Palestine, makes hundreds of public works contracts every year, in order to develop, modernize and integrate the Civilization.

The administration granted wide powers and privileges for the implementation of public works undertakings characterized by the absence of corresponding private law contracts.

With legal provisions, for the purpose for which these contracts were established, namely the protection of the public interest over the private interest and the regularity of public utilities.

It has been concluded that the expansion of the administrative authorities in Palestine, that considering the administration as a public authority and the owner of the project, that issuing instructions and measures to achieve the public interest desired from the implementation of the contract works.

It is recommended that the Palestinian National Authority should adopt a full organization of administrative contracts, especially the contract of public works, to fill the vacuum and incorporate it with the FIDC contract, and to start wherever it stands, especially the Egyptian and French legislators.