Published February 18, 2021 | Version 7
Journal article Open

The Jordanian Administrative Judiciary Oversight Of Administrative Contracts

Description

The study aimed to identify how the Jordanian administrative judiciary and the control process deal with administrative contracts and what disputes arise from these administrative contracts, as it seeks more precisely to determine the extent to which administrative contracts are subject to the control of the Jordanian administrative judiciary under the Administrative Judiciary Law No. 27 of 2014 which has not It stipulates his competence to consider administrative contracts, and from here this study seeks to look at how to find a solution and a suitable law to administer these contracts. Among the things that appear to be evident in this context and to find the problem is that these disputes are assigned to the civil judge and this would lead To prejudice the specificity of the administrative law and thus the administrative judiciary, especially since Jordan had approved the Administrative Judiciary Law No. 27 of 2014, as the Jordanian legislator had to assign any dispute arising from the administrative contracts to this law without the civil judiciary in order to preserve the proper functioning of public facilities and their regularity. This study also discussed the extent to which administrative contracts are subject to judicial oversight, and judicial oversight of decisions issued by the administration in the field of administrative contracts. The study found the following points, including: The existence of a special case in Jordanian legislation, as the legislator insists in all its laws not to stipulate the jurisdiction of administrative courts to consider disputes related to administrative contracts, and therefore jurisdiction in that is for the regular courts, or as for administrative decisions related to contracts, their adaptation and oversight They differ in the event that these decisions are prior to the contract than if they coincide or accompany the implementation of the contract as we have seen in this research, and as it has been noted that most of the legislations have agreed to remove the acts of sovereignty from the jurisdiction of judicial oversight, so the judiciary has no right to monitor them in any way. The Jordanian legislator on this in the new Administrative Judiciary Law. This study made many recommendations, the most important of which are: Creating specialized administrative courts for reasons related to the nature of administration work.

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