إجراءات إدراج المتعاقد مع الإدارة بالقائمة السوداء و آثاره

Abstract EN

Inserting the blacklist like other sanctions imposed by the administration is governed by measures regulated by law and regulations in this regard The inclusion of the black list as a decision issued by the administration must have legal effects on both the contractor and the administrative contract.

We note through the research that the administration is not free to impose this punishment, but restricted by certain actions must be committed and otherwise the decision of the administration was defective.

Since the Iraqi legislator has adopted a unique approach in its organization to include the contractors with the management blacklist through The distinction between the contractors on the basis of the type of contract and the nationality of the contractor in article 11 of the instructions for the implementation of government contracts No.

2 of 2014 has created this method of listing procedures according to different type of contract and the nationality of the contractor and also resulted in different effects on the contractors as a result of blacklisting.