نظرية القرارات القابلة للانفصال في مرحلة تنفيذ العقد الإداري

Abstract EN

The theory of detachable decisions is a modern theory introduced by the French Council of State as a means of extending its control over some of the individual administrative actions that are involved in the installation of a complex administrative process and challenging it independently by abolishing it in accordance with the principle of legitimacy.

In administrative contracts, this theory was applied primarily to protect non-contracting third parties who could not resort to full jurisdiction to protect their rights due to lack of capacity.

This theory has been applied to the decisions made by the contracting administration before the conclusion of the contract during the conclusion of the administrative contract.

But the possibility of applying this theory at the stage of implementation of the administrative contract is difficult and may be impossible and this is due to the nature of this stage, where the source of legitimacy is the items agreed by the parties.

The exceptional case in which third parties may resort to cancellation proceedings against decisions made at this stage is that of the users of the General Annex.