Proportionality control over penalties in administrative contracts in Iraq A comparative study

Abstract

This

research topic is an important one, as it addresses administrative contract penalties and explains the legal basis through which the administration imposes these penalties. This concept is broad, encompassing many of the actions undertaken by the administration. Furthermore, the principle of the regular and consistent operation of the public service is a matter of public order. These penalties are imposed by the administration itself, without the need to mention them in the adm inistrative contract. However, they are subject to full judicial oversight, including oversight of legality and appropriateness, as well as oversight of the proportionality between the imposed penalty and the error committed by the contracting party with the administration. This principle plays a significant role in preserving contractual ties between the administration and its contracting party, given the service provided to the public interest and the satisfaction of public needs.