Judicial control of contractual penalties

Abstract

This research examines Judicial control  of contractual sanctions in administrative contracts as a fundamental safeguard for maintaining a balance between the privileges granted to the administration and the rights of contracting parties. It aims to clarify the role of administrative courts in monitoring the legality of contractual sanctions and their compliance with legal rules and principles of justice.

The study also highlights the scope of judicial review over decisions imposing contractual sanctions, including competence, form, cause, and purpose, as well as the proportionality between the sanction imposed and the breach committed. The research concludes that administrative courts play a significant role in protecting contractors from arbitrary actions and ensuring that the administration remains subject to the principle of legality, thereby achieving a balance between public interest and individual rights.