The legal basis for the administration's authority to amend the contract

Abstract

Abstract: The administration possesses broad powers to carry out its functions and ensure the proper functioning of public services. Among these powers is the legal authority to modify administrative contracts whenever such modification is deemed necessary to achieve the objectives of the public service. This authority is based on the principle of prioritizing the public interest over the private interest of the contracting party, provided that the administration’s exercise of this power remains within the bounds of legality. Accordingly, the contracting party has no right to object to such modifications as long as they are lawful. The study concludes that each administrative contract has its own specific characteristics that distinguish it from other administrative contracts, depending on the degree of guarantees that the administration may grant to the contractor. The contractor’s freedom in execution is determined by the needs, nature, and value of the public service that constitutes the subject matter of the administrative contract. Furthermore, the modification of an administrative contract is recognized as a right of the administration to alter certain contractual conditions in pursuit of the public interest and the continuity of public services. However, this right is subject to constraints that ensure the essence of the contract is not affected and that the contractor’s financial rights are not substantially harmed. Any modification requires the approval of the competent authorities and must be issued through a written decision during the period of the contract’s validity. Such modifications may include changes in quantities, methods of performance, or the duration of the contract, provided that they do not result in a change to the fundamental nature of the original contract. This research adopts an analytical and comparative methodology and arrives at a number of findings and recommendations, which are presented in the conclusion of the study.