Third Party claim in Administrative Contract Disputes (comparative study)

Abstract

The effect of the administrative contract is not limited to the
parties to the contract, the contract may have effects that extend to
others, and this is considered an exception to the rule of
proportionality of the effects of the contract.
The concept of third party in administrative contracts varies
according to the stage that the contract goes through. The third
party in the stage of formation of the contract is different from the
third party in the stage of implementation of the contract.
Similarly, the concept of third parties differs from one contract to
another. The third party, who is external to the contract, has the
right to resort to the judiciary if he has an interest to appeal the
separable decisions from the contract. There has been recent
development in the French and Egyptian judiciaries’ perceptions
with regard to the appeals of third parties, thus, the third parties
obtained permission to resort to full judiciary to appeal the validity
of the contract if he has a direct and sufficiently defined interest,
and the contract judge has discretion in responding to the request
of third parties to terminate the administrative contract or not,
taking into consideration that it has no harm to the public interest.
In Iraq, third party is only permitted to resort to an annulment judge
to appeal the separable decisions.