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حقوق::
نهاد خصوصی
The referring TAR contended that this contradicted Constitutional parameters, alleging that the system of administrative justice envisioned by Articles 103 and 113 of the Constitution intended for recourse to judicial protection to be available exclusively to a private entity injured by the public administration.
The Court observed that the fact that Articles 103 and 113 of the Constitution refer to protections afforded to private entities does not imply that only private entities may have recourse to said protections.
The Order questions the provisions to the extent to which, under current law and concerning the area of exclusive jurisdiction as indicated, they allow for disputes in which the public administration - rather than a private entity - initiates proceedings before an administrative judge.
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