ولاية القضاء إزاء الإدارة ضمن نطاق العقد الإداري : دراسة مقارنة

Abstract EN

The topic of research (Judicial Jurisdiction over administration within the scope of the administrative contract / a comparative study) is about the extent to which the administrative Judiciary considers the dispute arising from the administrative contract concluded by the management with individuals and companies for the purpose of running the work of public utilities.

Legislations differed among themselves in making the administrative Judiciary competent to hear that dispute.

Some legislations have established the authority to consider these disputes within the Jurisdiction of the ordinary Judiciary, and one of these is the Iraqi legislation, unlike the case in France and Egypt.

The research also included guarantees of the implementation of Judicial decisions.

It is known that the Judicial ruling without guarantees for its implementation becomes of no value and is nothing move than efforts assigned to the Judiciary that do not achieve the interest of the litigants.

The guarantees for the implementation of Judicial Judgments varied, in clouding directing orders to the administration threatening fines, as well as criminal penalties for those who fail to implement those Judgments.

In addition to the claim for compensation from the one who caused the delay or obstruction of the implementation of the aforementioned provisions.

Administrative