CONTESTING ADMINISTRATIVE URGENCY ORDERS UNDER THE ALGERIAN CIVIL AND ADMINISTRATIVE PROCEDURES LAW
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Abstract
This study meticulously examines the contestation of administrative urgency orders in the context of Law No. 22-13, dated July 12, 2022, which significantly amends and supplements Law No. 08-09 from February 25, 2008. This revised law falls within the broader Civil and Administrative Procedures Law framework. The primary focus of this investigation is on the nuanced concept of urgency within administrative proceedings, scrutinizing both standard and exceptional administrative urgency orders.
Furthermore, this analysis extends to the practical applications concerning administrative urgency orders under Law 22-13, particularly following the establishment of appellate administrative courts. This development marks a significant legislative effort to enhance judicial oversight over administrative actions, expanding the opportunities to challenge decisions issued by administrative courts. The conclusions of this study are supported by comprehensive research findings, alongside a series of recommendations and proposed amendments aimed at refining the Algerian administrative urgency law.
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References
Karima Targuini & Zahra Souli, "The Urgency Lawsuit in Administrative Matters of Public Freedoms" (Doctoral dissertation).
Article 521-2 of the French Administrative Justice Law, enacted on June 30, 2000, which governs freedom of expression procedures.
Dahenji, Rachida, "The Urgency Lawsuit in Administrative Matters According to the Civil and Administrative Procedures Law" (Doctoral dissertation, Université d'Alger 1-Benyoucef Benkhedda).
Fadil Kousa, "The Administrative Decision in the Light of the Council of State Jurisprudence", Dar Houma for Printing, Publishing, and Distribution, Algeria.
Article 143 of the Algerian Constitution of 1996 states, "The judiciary reviews appeals against decisions of the administrative authority."
Law No. 02/98 dated May 30, 1998, establishing administrative courts.
One of the notable aspects of Algerian legislation in optimizing expenditures and human resources is the introduction of electronic litigation.
Cherifi, Zainab Al-Asmaa, Dada, Kheira, Adou, & Abdelkader (supervisor), "Cassation in Administrative Judicial Decisions" (Doctoral dissertation, University of Ahmed Draia-Adrar), 2023.
Hassan Farija, "Urgency in the Rulings of the Algerian Administrative Judiciary", Administration Magazine, published on 12/01/2003.
Fouad Ben Tarah & Miloud Khalaf Allah, "Problems in the Execution of Administrative Judicial Decisions" (Doctoral dissertation).
Organic Law No. 22/10 dated June 9, 2022, related to judicial organization.
Yasmina Chabri & Chawki Yaich Tamam, "Cassation in Administrative Matters in Algerian Legislation" (Doctoral dissertation).
Organic Law No. 13/11 dated July 26, 2011, amending and supplementing Organic Law No. 01/98 on the competencies of the Council of State and its organization and functioning.
Frioui, Sofiane, "Unusual Appeal Methods in Administrative Matters" (Doctoral dissertation), 2013.
Ghazi, Abdelkarim, "Competencies of the Council of State", 2015.
Malika Batinah, "Judicial Appeal Methods before the Algerian Council of State" (Doctoral dissertation, Université Mohamed Khider Biskra), 2017.
Harath, Ibrahim, Gharbi, & Toufik, "Appealing Urgency Orders Before the Administrative Judge" (Doctoral dissertation), 2023.
Sama Haddag, "Petition for Reconsideration in Urgency Court Decisions", Researcher Magazine for Academic Studies, published on 01/30/2019.
Faiza Khalil, "The Impact of Judicial Dualism on the Evolution of Administrative Judiciary in Algeria" (Doctoral dissertation).
Siham Bachir, "The Petition for Reconsideration in Civil Matters" (Doctoral dissertation), 2015.
Rafika, Mimch, Mastrar, Hayat, Belhairch, & Hussein (supervisor), "Third Party Intervention Outside the Litigation Before the Administrative Judiciary in the Civil and Administrative Procedures Law" (Doctoral dissertation, Université de Jijel), 2016.
Article 801 from the Civil and Administrative Procedures Law.