التقاضي على درجتین في المادة الإداریة في ظل التعدیل الدستوري لسنة 20
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Date
2024
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جامعة المسيلة
Abstract
The principle of litigation in two degrees is considered one of the most
important principles of a fair trial, whether in the ordinary or administrative
judicial system. In Algeria , the application of this principle has known legal
and practical problems before the promulgation of the constitutional
amendment of 2020. However, with the promulgation of the constitutional
amendment of 2020, the situation differed by adopting the principle of litigation
in two degrees in the administrative article under Article 179 thereof, by
introducing the administrative courts of appeal as a second degree of litigation
in the administrative article , and amending the rules of the specific jurisdiction
of the administrative courts and the Council of State, which necessitated the
issuance of an arsenal of legal texts to respond to these amendments, beginning
with the amendment of the organic law related to the judicial division and then
the organic law related to the judicial organization and ending with the
amendment of the Civil and Administrative Procedures Law under Article 22-
13. The memorandum addressed the problematic extent to which this principle
is reflected in fact and in accordance with its legal principles known in
comparative systems, and was addressed by following the descriptive and
analytical approaches. Finally, it was concluded that, despite the positive
aspects of the introduction of the administrative courts of appeal, especially
related to the survival of the Council of the State as a judge in some disputes,
and the limited number of administrative courts of appeals estimated by courts,
several proposals were submitted to fix these defects.
Keywords: the principle of litigation in two degrees, the administrative article,
the administrative courts of appeal, the constitutional amendment 2020
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Keywords
مبدأ التقاضي على درجتین، المادة الاداریة، المحاكم الاداریة للاستئناف، التعدیل . الدستوري 20