THE ALGERIAN ADMINISTRATIVE JUSTICE SYSTEM AND ITS PROCEDURES ACCORDING TO THE LATEST AMENDMENTS TO THE CIVIL AND ADMINISTRATIVE PROCEDURE LAW 22/11
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Abstract
The Algerian legislator adopted the principle of judicial duality in the 1996 Constitution (1) by establishing an administrative judiciary independent of the ordinary judiciary. This system was embodied by the establishment of judicial structures represented by the Administrative Court and the Council of State, where the issue of interference with the principle of judicial duality was raised, as well as the violation of the constitutional principle based on the principle of judicial duality as embodied in the ordinary judiciary, with the court as the first instance and the Council of State as the second instance for litigation, and the Supreme Court as the court of cassation.
This made it necessary to examine whether the legislator had actually enshrined the principle of the two-tier system of litigation in the Constitution of 2020 by providing for administrative courts of appeal and, consequently, making the Council of State a judicial body that evaluates the actions of the administrative judicial authorities.
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References
I. General and Specific References:
Abdel Ghani Bassiouni Abdullah, Administrative Justice, Al-Maaref Establishment, Alexandria, Egypt, 1996.
Ahmed Mohiwa, Administrative Disputes, University Press, 1982.
Ammar Awabdi, The General Theory of Administrative Disputes in the Algerian Judicial System, Vol. 2, The Theory of Administrative Lawsuit, University Press, 1995.
Rachid Khloufi, The Judiciary after 1996: Judicial reform or mere structural change? notary’s journal, issue 6, 1999.
Massoud chihoub, General Principles of Administrative Disputes: Theory of Jurisdiction, University Press, 1998.
II.Legal texts:
Decree No. 98-356 of 24 Rajab 1419 of 14 November 1998 laying down the procedures for implementing Law No. 98-02 of 4 Safar 1419 of 30 May 1998 on administrative courts, Official Gazette No. 85.
Organic Law No. 98-01 of 30 May 1998 on the powers, organisation and operation of the Council of State.
Law No. 98-02 of 30/05/1998 on the Administrative Courts, Article 01 of which establishes the Administrative Courts as public law courts for administrative matters.
Ordinary Law No. 98-03 of 03/05/1998 on the powers, organisation and operation of the Court of Conflicts.
Constitution of 2020, Presidential Decree No. 20/442 of 30/12/2020, Official Journal No. 82, 2020.
Organic Law No. 22-07 of 05/06/2022 on the Division of Justice.
Organic Law No. 22-10 of 09/06/2022 on the Organisation of the Judiciary.
Organic Law No. 22-11 of 09/06/2022 on the Organisation, Functioning and Jurisdiction of the Council of State.
Organic Law No. 22-13 of 12/07/2022 amending and supplementing Law No. 08/09 of 25/02/2008 establishing the Code of Civil and Administrative Procedure.
III. Specialised scientific journals:
Rachid Khloufi, Administrative justice during the colonial period, Journal of Administration, Vol. 09, No. 2, 1999.
IV. Research and theses:
Samir Mekrani, The Administrative Chamber of the Supreme Court in 1996, Master’s thesis, Faculty of Law, University of Algiers, 1999.
Mohamed Saleh Khraz, Criteria for the Jurisdiction of the Administrative Emergency Judge, Master’s thesis, Faculty of Law, University of Algiers.
Mohamed Bashir, Appeal as an ordinary means of redress against administrative decisions in Algeria*, Master’s thesis, Faculty of Law, Department of Administration and Finance, Institute of Law, University of Algiers, 1983.