College of Law, University of Baghdad Discusses Master’s Thesis on “The Governing Principles of Administrative Authority in Imposing Contractual Penalties on Its Contractors – A Comparative Study”
The College of Law, University of Baghdad, held a discussion session on Monday, September 1, 2025, for the Master’s thesis titled “The Governing Principles of Administrative Authority in Imposing Contractual Penalties on Its Contractors – A Comparative Study,” submitted by the student Shurooq Abdul Aziz Hassan from the Public Law Department. The session took place in the Moot Court Hall at the college.
The discussion committee consisted of:
- Prof. Dr. Saja Muhammad Abbas (Chairman)
- Asst. Prof. Dr. Taghreed Muhammad Qadouri (Member)
- Lecturer Dr. Rabab Khalil Ibrahim (Member)
- Asst. Walid Mirza Hamza (Member and Supervisor)
The thesis aimed to highlight the most important governing principles of administrative authority in imposing contractual penalties on contractors.
The thesis included two main chapters:
- Chapter One: The Principle of Legitimacy of Administrative Authority in Imposing Contractual Penalties
- Chapter Two: The Principle of Legal Protection for the Contractor Against Contractual Penalties
The study concluded with several recommendations, the most important being:
- The necessity for the legislator to intervene by enacting a comprehensive and conclusive law on administrative contracts that covers all types of contracts, regulates their conclusion, execution, and dispute resolution mechanisms.
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The recommendation to assign jurisdiction over disputes arising from the imposition of contractual penalties on contractors to the Administrative Judiciary, in line with established legal doctrine in numerous studies, given its specialized competence in these types of contracts and its better understanding of their philosophy and the role of administration. This, however, should be stipulated in a clear and explicit legal text.
