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مجلة الدراسات القانونية والاقتصادية
كلية الحقوق-جامعة السادات
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Substantive judiciaire administratif urgent An important and main means of appeal through which the interested party can resort to the competent judge for an urgent decision and with simple and quick procedures, if the contracting administration commits during the procedures for concluding the contract a violation or violation of the principles of publicity, competition and equality, which represent the legal basis for concluding administrative contracts, and the competent judge decides By ruling on the case with an objective ruling on the basis of the right.
The urgent substantive administrative judiciary takes two forms, the first of which is the pre-contractual urgent lawsuit, which is filed before concluding and signing the contract, as an objective urgent lawsuit in which the judge decides on the origin of the right with an objective ruling and not a temporary or precautionary measure, according to simple and quick procedures, and given that this lawsuit must be filed and decided upon. Before concluding and signing the contract, this prevented the full benefit of this lawsuit. Because the judge would inevitably have ruled against acceptance or rejection as long as the contract was signed before deciding the case.
While the other, more recent form is represented by the contractual urgency suit, which can be filed after concluding the contract. In order to avoid the defects that occurred in the pre-contractual urgency suit, the French legislator created the contractual urgency suit as an objective urgent suit, but it is filed after concluding and signing the contract, which forms part of the desire to Continue to correct violations of publicity and competitive bidding obligations after contract signing.
The administrative judge has many powers that are similar to the full judicial judge; Because through his broad powers, he can decide the dispute with an objective ruling that settles the dispute, and while he possesses powers similar to those of a judge with full jurisdiction that allow him to finally decide on the case, the substantive urgency judge cannot be likened to a temporary or precautionary urgency judge.
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