The Role of the Administrative Judge in Maintaining Balance in the Relationship Between the Parties to an Administrative Contract in the Context of Digital Tools and Technology
摘要
The recent agreements established by the state aim to address issues faced by citizens and promote public welfare. However, the implementation of these agreements can sometimes lead to instances of unfairness, necessitating intervention from the administrative court to restore equilibrium in the contracts formed with the state. This study intends to explore mechanisms that safeguard the contracting party from the potential misuse of power by the government, while also delineating the responsibilities of each party involved in an administrative contract. Through a straightforward and effective approach, this research seeks to identify the nature of administrative agreements and examine the legal frameworks associated with the topic. The study’s findings highlight the administrative judge’s role in overseeing the authority of the administration to impose penalties. The enforcement capabilities of the judge are contingent upon the specific type of penalty levied against the contractor. For example, in cases involving financial penalties, the judge possesses the authority to determine refunds or exemptions, thereby ensuring a balance of interests between the involved parties. The text also offers multiple suggestions for legislators to direct all disputes related to administrative contracts to the administrative judiciary, given the growing involvement of digital tools and monitoring systems in the execution and oversight of these contracts. This approach would promote transparency, equity, and efficiency in the process of resolving disputes.