Distribution of jurisdiction among administrative judiciary bodies according to the latest developments in the constitutional amendment of 2020
Keywords:
Jurisdiction, Type, Regional, Administrative Courts, Appeal, Council of StateAbstract
The administrative judiciary system testified with the issuance of the 2020 Constitution, a significant structural reform that imposed the existence of new judicial bodies, represented by the creation of administrative appeal courts, thus completing the administrative judiciary pyramid similar to the ordinary judiciary. This change at the structural level required a change at the level of jurisdiction rules and at the level of procedural rules in general. Accordingly, in this study, we will focus on the rules for distributing the type and regional jurisdiction among administrative judiciary bodies after the creation of the new bodies, and the extent to which this is reflected in the evaluative jurisdiction of the Council of State, in light of what was approved by Organic Law 22-10 related to the judicial organization, Law 22-13 amending and supplementing the Code of Civil and Administrative Procedures, and Organic Law 22-11 amending and supplementing the law related to the organization, functioning and jurisdiction of the Council of State.
Downloads
References
1. Bouhmida Atallah, Al-Wajeez fi al-Qada’i al-Idariyya, Organizing Work and Jurisdiction, Dar Huma for Publishing and Distribution, Algeria, 2nd edition, 2013.
2. Amar Boudiaf, Administrative Judiciary in Algeria, a Descriptive Analytical Comparative Study (Adjusted Edition According to the Civil and Administrative Procedures Law 2008), 2nd edition, Jusoor for Publishing and Distribution, Algeria, 2008.
3. Saeed Bouali, Administrative Disputes under Algerian Law, Dar Belqis, 2014.
4. Mohamed Al-Sagheer Baali, The Algerian Judicial System, Dar Al-Ulum for Publishing and Distribution, Algeria, 2009.
5. Masoud Shihoub, General Principles of Administrative Disputes, Part Two, Theory of Jurisdiction, 6th edition, Office of University Publications, Algeria, 2013.
6. Ben Mansour Abdel Karim, Arabs of Saida, On the Extent of Respect for the Principle of Litigation on Two degrees in administrative subjects, Maalem Journal of Legal and Political Studies, Tindouf University Center, Volume 5, Issue 1, 2021, pp. 27-47.
7. Abdel Razzaq Marabet, Reforming the Algerian Administrative Judicial System in Light of the 2020 Constitution “Challenges and Prospects”, Journal of Legal and Political Thought, Amar Telidji University of Laghouat, Volume 6, Issue 1, 2022, pp. 400-410.
8. Akoush Hanan, Litigation at Two Levels in the Algerian Administrative Judiciary, PhD Thesis in Sciences, Specialization in Public Law, University of Algiers 1, 2019-2020.
9. Constitution of 1996 issued by Presidential Decree No. 96-438, dated December 7, 1996, relating to the issuance of the text of the amendment to the Constitution approved in the referendum of November 28, 1996, Official Gazette of the Algerian Republic, No. 76, issued on December 8, 1996.
10. Constitutional Amendment of 2020 issued by Presidential Decree No. 20-442 dated December 30, 2020, relating to the issuance of the constitutional amendment, approved in the referendum of November 1, 2020, in the Official Gazette of the People's Democratic Republic of Algeria, Official Gazette of the People's Democratic Republic of Algeria, Official Gazette of the People's Democratic Republic of Algeria, No. 82, issued on December 30, 2020.
11. Organic Law No. 98-01 dated May 30, 1998, containing the powers, organization and work of the Council of State, Official Gazette of the People's Democratic Republic of Algeria, No. 37, issued on June 1, 1998.
12. Organic Law No. 98-02 of May 30, 1998, relating to administrative courts, O.R.G.J., No. 37, issued on June 1, 1998.
13. Organic Law No. 22-10 of June 9, 2022, relating to judicial organization, O.R.G.J., No. 41, issued on June 16, 2022.
14. Order No. 21-01 of March 10, 2021, including the organic law relating to the electoral system, O.R.G.J., No. 17, issued on March 10, 2021.
15. Law 08-09 of February 25, 2008, including the Code of Civil and Administrative Procedure, O.R.G.J., No. 21, issued on April 23, 2022. 2008.
16. Law No. 22-07 of May 5, 2022, including the judicial division, Official Gazette No. 32, issued on May 14, 2022.
17. Law No. 22-13 of July 12, 2022, amending and supplementing Law No. 08-09 of February 25, 2008, including the Code of Civil and Administrative Procedure, Official Gazette No. 48, issued on July 17, 2022.
18. Executive Decree No. 22-435 of December 11, 2022, defining the territorial jurisdictions of the administrative courts of appeal and the administrative courts, Official Gazette No. 84, issued on December 14, 2022.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2025 The International tax journal
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
