حدود اختصاص القاضي في تسوية منازعات العقود الإدارية بدعوى الإلغاء : دراسة مقارنة

Abstract EN

With the development of the concept of the modern state and the transformation of its tasks from a guardian state to a state with various tasks, the most prominent of which is providing services to the public and satisfying public needs.

these developments were not the result of a specific moment, but rather their appearance was associated with the development of the concepts of administrative law, as this development resulted in the multiplicity of methods that the administration resorts to in order to achieve the public interest.

as the administrative contract is the means through which the administration can provide services to the public, but the concept of the contract has become broad and resulted in the emergence of multiple disputes as a result of the scope to which the general principles of contracting apply, in addition to the unfamiliar conditions included in the contract, but these conditions do not protect the administrative contract from a circle subject to judicial oversight, as the administrative judge is widely specialized in most countries with wide jurisdiction in the field of adjudicating contract disputes, and the Iraqi legislature violated this matter when it granted this jurisdiction to the civil judge in a precedent that violates the general principle of duality of the judiciary until it was adopted by the legislator, and the issue of granting the judge jurisdiction comes settlement of administrative contract disputes, specifically through annulment lawsuits, embodying the principle of the legality of the judge by subjecting everyone to the provisions of the law, and from this54int of view, of 551ge has hear ena him to apply this principle through lawsuits for cancellation and full jurisdiction, as well as he has a wide competence in adjudicating emerging disputes.