ضوابط سلطة المصلحة المتعاقدة في توقيع الجزاءات على المتعامل المتعاقد في مادة الصفقات العمومية

Abstract EN

The legislator empowered the contracting department with the authority to impose penalties on the contracting party, in case he deviated from the obligations he had undertaken, with the aim of covering real damage to it, or imposing punishment on it, regardless of any damage, by virtue of a decision issued by it, in order to preserve the proper functioning of public utilities.

The importance of this issue is that these penalties aim to push the contractor to implement the public deal, in accordance with the specifications specified in the contract, and due to its seriousness, it is subject to controls, limiting the authority of the contracting department to impose the penalty, without taking into account the necessary legality for it, and we concluded that the penalty is subject to the discretionary authority, In the contracting department, it could involve a prejudice to the rights of the contracting party