Judicial Developments Regarding Appeal of Third Party in the Administrative Contract
Dr. Tariq Mohammed Ali Al Nahas
Faculty member – Faculty of Law – Hims University – Syria
Abstract
Recent years have produced important judicial developments on the subject of appeal at the administrative contract by a third party, whether in the context of cancellation or within the framework of full jurisdiction.
It has been the principle not to accept the cancellation proceedings against administrative contract terms since an abuse of power lawsuit is not accepted unless for the final administrative contract and therefore disputes concerning administrative contracts deviate from being a cancellation dispute to full jurisdiction. However, the French Council of State inserted exceptions to this principle by accepting an appeal against cancellation of organizational contract terms detachable from other contract terms. It has also accepted an appeal against the cancellation of hiring public, uncertified officials contracts. Later on, the Council of State decided to accept the appeal in contracts by anyone whose rights were damaged directly to a sufficient extent, under the power of complete termination in the legality of the contract or in some of its non organizing provisions detachable from the contract.
This means that the French Council of State assigns the full jurisdiction judge to handle the disputes of the administrative contract, after expressing its desire to merge authorities specialized in contract disputes, which led to diminishing of the scope of detachable administrative decisions.