الجزاء الإداري العقدي

Abstract EN

The privileges of the public authority and the function of managing public utilities regularly and continuously require the existence of special conditions within the administrative contracts, the most important of which is the ability of the administration to impose sanctions on the co- contractor without the need for the approval of the judiciary.

The decision to impose the sanctions requires a set of formal and objective requirements that are not different from any administrative decision.

The decision-maker needs to have special legal rules in order to restrict the authority of the administration and to facilitate judicial control which is supposed to be independent to protect the contractor with the administration, and it must be a specialized undertaking to the administrative judiciary