الصلح كوسيلة لحل المنازعات الإدارية : الذاتية المستقلة

Abstract EN

Reconciliation is a contract by which parties can settle a dispute or a potential dispute by reaching mutual concessions.

Although this definition of the reconciliation contract applies to the field of civil law, this concept of the reconciliation has been incorporated into administrative law jurisprudence.

The administrative reconciliation contract is an important means to resolve administrative disputes as it offers a quick resolution for disputes.

In addition, it improves the relationship between the administration and the citizens and provides savings in public expenditure.

This contract of reconciliation is of several types.

It can be an explicit contract or may be implicitly implied.

On the other hand, reconciliation may take place before the lawsuit is filed, while the lawsuit is being considered, or after a judicial decision is reached.

The contract of reconciliation is characterized by several procedural features that make it distinguished from other procedural concepts in dispute resolution mechanisms (such as abandonment, waiver, acceptance and giving expertise).

This is because it is a contractual act that terminates or prevents a dispute through mutual concessions.

There is also a clear connection between reconciliation and other alternative means of dispute resolution (administrative conciliation and petition) since reaching a conclusion of the contract of administrative reconciliation is often the result of taking one of these two means.

As for the legal nature of the reconciliation concluded by public persons, it is rendered as a contract in the field of self-right.

There is a dispute over its contractual nature both jurisprudentially and judicially if it is concluded in the field of substantive rights.

The reconciliation concluded by the public legal persons is considered as an administrative contract if the dispute – that the reconciliation is seeking to end– is essentially within the jurisdiction of the administrative courts.

However, in this case, where the reconciliation is considered as an administrative contract, it falls within the category of contracts that the administration does not have the usual contracting and implementation powers known under the general administrative contracts rules.

The rational of this approach is to maintain the legal security of such type of contracts.