محكمة التنازع في النظام القضائي الجزائري
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Date
2025
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جامعة المسيلة
Abstract
The Conflict Court in the Algerian judicial system is considered one of the most prominent aspects of protecting the distribution of jurisdiction between the ordinary and administrative judicial bodies. It was established as an arbitration body under the 1996 Constitution, which established judicial duality and granted this body the task of resolving cases of conflict of jurisdiction between the ordinary and administrative judiciaries, by determining the competent judicial body in the event of a conflict of jurisdiction, whether positive or negative, or a contradiction in final rulings. The Algerian legislator organized the Conflict Court under Organic Law 98_03 related to its competencies, organization and work.
The Conflict Court came to perform this sensitive role as an independent body that guarantees the unity of the judicial system and prevents conflicting and contradictory rulings. Thus, it contributes effectively to ensuring the smooth running of the judicial duality system. However, despite this, the activation of its role remains dependent on the provision of human and material capabilities that guarantee the effectiveness and independence of the body, as well as the consolidation of a legal culture among judges and litigants that enhances the value of effective coordination between judicial bodies in order to protect rights and freedoms and achieve justice.
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Keywords
The Conflict Court, conflict of jurisdiction, the Algerian judicial system