Hebron University Journal - Hebron University Journal for Research - Volume 15, Issue 1, 2020 - The issue of contesting the resolution related to the assignment of bids in the public works contract in Palestine and Jordan

Hebron University Research Journal

Review

Abstract 

This study discusses the issue of contesting the resolution related to the assignment of bids in the public works contract in both Palestine and Jordan. The legislators in both countries have organized the legal procedures that the administrative bodies and the bidders must adhere to when contracting in the public works of government according to the bylaw  resolution 8 of 2014 on Palestinian General Procurement, and the Cabinet Decision of the Palestinian Public Procurement System for 2014, as well as the instructions of the Jordanian government tenders for the year 1987. The appeal may be based on the resolution of referral through the defects of the administrative resolution, which is the defect of deviation, jurisdiction, form and procedures, or based on the resolution to refer to an incorrect reason or defect of violation of the law. The post-contract disputes are assigned to the ordinary court, The interpretation of the contract and the rights of its parties is a dispute governed by the contract, where it is considered a civil dispute. The study concluded that the resolution of assignment in the contract of public works should be subject to the full jurisdiction of the administrative judiciary, with the necessity for the Palestinian Administrative Judiciary to become Cancellation and compensation judiciary  with multiple administrative courts in terms of location, Similar to the Jordanian administrative judiciary.

Copyright © 2018 Hebron University. All Rights Reserved.