Review article
https://doi.org/https://doi.org/10.31297/hkju.26.3.5
The Scope of Judicial Review of Financial Administrative Sanctions in Public Procurement: A Comparative Study
Mohammed Hamli
; Law and Political Sciences Institute, University Centre of Maghnia
Abdelhafidh Mana
; Faculty of Law and Political Science, University of Tlemcen
Abstract
Public contracts constitute the primary legal instrument at the disposal of public authorities to implement projects needed to serve the public interest. From this standpoint, most comparative legal systems have sought to provide a set of legal tools to ensure the proper execution of such contracts, the most serious of which is the contracting authority’s power to impose financial penalties on the contractor in the event of failure to fulfil their obligations. However, this power is not absolute, as comparative legislation subjects it to a series of restrictions and controls. If these are exceeded, the contractor may turn to the administrative contract judge for redress. This judge possesses varying degrees of authority depending on the nature of the penalty imposed, in order to award compensation or mitigate its effects if certain circumstances arise. That is what the present study seeks to examine.
Keywords
public procurement; judicial control; fines; indemnity; guarantee forfeiture
Hrčak ID:
352684
URI
Publication date:
28.10.2026.
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