The Impact of the Legal Nature of Administrative Contracts on the Jurisdiction of Administrative Courts: A Comparative Study

A Comparative Study

Abstract

This research addresses the impact of the legal nature of administrative contracts on the jurisdiction of administrative courts. The research is divided into two sections. In the first section, the researcher discussed the organization of judicial jurisdiction in disputes related to administrative contracts in Egypt, which was further divided into two subsections: the first subsection covered the emergence of administrative judiciary in Egypt, while the second subsection dealt with the distribution of judicial jurisdiction in disputes related to administrative contracts. The second section was dedicated to organizing judicial jurisdiction in disputes related to administrative contracts in Libya, which was also divided into two subsections; The first section addressed the emergence of administrative judiciary in Libya, while the second section discussed the distribution of judicial jurisdiction in disputes related to administrative contracts, concluding with a number of results and recommendations. The most important findings indicate that the established judicial criterion in both Egypt and Libya for determining the legal nature of administrative contracts is the mixed criterion (public facility and public authority). The recommendations consist of urging the Libyan legislator to align with the Egyptian counterpart by ending the shared jurisdiction between administrative courts and ordinary courts regarding disputes related to administrative contracts, which include supply contracts, public works, and public facility commitments. This also involves the exclusive jurisdiction of administrative courts over all disputes related to administrative contracts of an administrative nature, according to the aforementioned standard.