THE APPLICATION OF ADMINISTRATIVE LAW AND THE JURISDICTION OF ADMINISTRATIVE COURTS BASED ON THE CRITERION OF PUBLIC UTILITY IN ALGERIA.
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Abstract
The Algerian legislator and judiciary have adopted the organic concept of public entity as the basis for the application of administrative law and the jurisdiction of administrative courts, without taking into account its substantive concept. The focus is on the existence of the public entity as an entity or structure in the dispute, rather than on the nature of the activity, which would otherwise justify the jurisdiction of the administrative courts. This is explained by the Algerian legislator's adoption of the organic criterion in Article 800 of the Code of Civil and Administrative Procedure, which requires the existence of a public entity as a party to the dispute in order for the administrative courts to have jurisdiction. This has had a negative impact on the quality of the legal solutions provided by the administrative courts to the cases brought before them, and has rendered ineffective the idea of specialised judges in the administrative judiciary, since the latter will apply different laws, whether general or specific, solely on the basis of the existence of a public administrative body as a party to the dispute.
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