مشروعية ملحق الصفقة العمومية

Abstract EN

The authority of the administration to amend its administrative contracts through the attachment mechanism, even though it is an inherent authority that exists even in the event of the contract being silenced and the books of conditions, but it is not absolute.

By virtue of a judge from the contract, he can also refrain from carrying out the unlawful amendment, such as restrictions related to administrative legitimacy and the restriction that the public interest must be the one that required the issuance of the amendment decision, including that the nullity does not result in violating it because it is not considered related to the administrative legitimacy, but its violation entails the right of the contractor In an annulment request based on the fact that the compensation to which the administration is bound in exchange for its right to amendment is not sufficient to repair the damage arising from the unfair amendment.