إشكاليات رقابة مجلس الدولة لمشروعية عقود البوت (B. O. T)‎

Abstract EN

B.O.T contracts raise many legal and constitutional issues.

There is widespread disagreement among jurists over the legal nature of these contracts.

Determining the legal nature of these contracts entails determining the court competent to examine the dispute that arises from their implementation.

This is what this research tried to clarify, and this research sought to identify some of the constitutional problems raised by these contracts in terms of explicitly contradicting some of its articles with the provisions of the Egyptian constitution issued in 2014.

This research also discussed the role of the Egyptian State Council in enforcing its control over this type of contract in terms of its legitimacy, and the problems of State Council’s control of bot contracts were also discussed, and what constitutes the condition of the capacity and interest in B.O.T contract disputes in accordance with the provisions of the State Council and in accordance with Law No.

32 of 2014.

Finally, the study examined the implications of the ruling on the unconstitutionality of some provisions of laws granting adherence to the bot system and the law regulating some appeals procedures against state contracts, enabling the State Council to enforce its control over this type of contract.