الملخص الإنجليزي
The administrative contract is one of the legal means of managing public
facilities. Therefore, it was necessary to surround the contractual process in all its
stages with legal protection. The contracting stage is considered one of the
important stages in the contracting process, as it plays a major role in ensuring
the contract's integrity until its complete implementation.
The importance of the established principles in contracting, such as
transparency, equality, and freedom of competition, lies in achieving contract
justice and the required integrity by the administration and the contracting parties.
The legal safeguarding brought by the administrative body against corruption is
a goal sought by countries today. Thus, constitutional principles have emerged to
play a significant role in this task, necessitating their employment in
administrative contract conclusion procedures.
This study aims to highlight the role of the transparency principle in regulating
the procedures undertaken by the administration in managing public facilities
through administrative contracting. This includes the administration's desire to
contract for the public interest, starting from identifying needs, obtaining required
consultations and approvals, providing necessary authorizations for contracting,
and culminating in the selection of the contractor, where the administrative body
determines the contracting method, followed by procedures and criteria leading
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to the best bid. All these stages involve a range of procedures ranging from the
restricted authority of the administrative body to perform a specific task to its
discretionary power based on its extensive experience in taking a specific action
in a manner it deems appropriate according to the goal set by the legislator.
This study relies on the analytical and comparative method, through which we
will analyze legal texts, judicial rulings, and jurisprudential opinions in both
Oman and Egypt to determine the necessary legislative mechanisms to achieve
administrative contract transparency to protect the contract from corruption.
