مدى قبول الطعن بإلغاء العقد الإداري ذاته : دراسة في ضوء التطورات التشريعية و القضائية في فرنسا

الملخص EN

This study illustrates the possibility of challenging the administrative contract in France, similar to the challenge of the administrative decision.

To achieve this objective, the study reviews the legislative orientation in France based on the amended law of March 1982, which authorized the Governor to challenge the administrative contract as well as the challenges relating to the abuse of power by local groups when concluding administrative contracts illegally.

Initially, the French State Council bowed to this legislative orientation considering that the challenges of the Governor to cancelling the administrative contract as a whole is one of the challenges of abuse of power.

However, the French State Council backed down this attitude in late 2011, where it considered this orientation a double violation of the legal system considering that the cancellation challenge can only be decided on administrative decisions.

It also considered this orientation a violation of the full administrative litigation of administrative contracts The study concludes that the establishment of the theory of challenge against the administrative contract by the French legislature has negative aspects that dominated the positive aspects.

It constituted a double violation of the legal system of both the cancellation administrative litigation and full administrative litigation.

It also created what is known as the “Governor Crisis”, which was not addressed by the French legislator in the mentioned law.

The study recommends the amendment of Article 2131-1 of the French Regional Communities Act, In order to deprive the Governor of his authority to challenge administrative contracts itself, to be confined only in challenging the administrative decisions resulting from these contracts.