Correcting the principle of two-level litigation in the Algerian Administrative Judiciary by establishing administrative courts of appeal under law 22/13
Keywords:
administrative courts of appeal, administrative judiciary, Algerian judicial reform, two-level litigation, law 22/13Abstract
This article aims to explain and clarify the administrative judicial organization in Algeria before the year 2022, which was proceeding in a way that contradicted one of the principles of the Algerian judiciary, especially the principle of two-level litigation, which was not applied correctly during that period, and what the administrative judicial organization became in Algeria after the amendment of the Civil and Administrative Procedures Law, Law 08/09, according to Law 22/13 Which established the principle of two-level litigation in this field in a manner befitting the reputation of this judicial field, especially after the Algerian legislator redistributed the powers and tasks among the various judicial authorities in its new form, especially after the creation of administrative courts of appeal, through study, extrapolation, and analysis of various legal texts Related to this area, let us finally conclude that the Algerian legislator did well with this amendment, which corrected a mistake that had been in effect for 28 years in the failure to properly apply the principle of two-level litigation in the Algerian administrative judiciary.
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References
Books:
[1] Barbara Abdel Rahman, Explanation of the Civil and Administrative Procedures Law, House of Ideas, Part One, Fifth Edition, 2022.
[2] Muhammad Al-Saghir Baali, Administrative Judiciary - State Council, Dar Al-Ulum for Publishing and Distribution, Annaba, Algeria, 2004.
[3] Muhammad Al-Saghir Baali, The Algerian Administrative Judicial System, Dar Al-Ulum for Publishing and Distribution, Annaba University, Algeria, 2009.
[4] Masoud Chihoub, General Principles of Administrative Disputes, Comparative Judicial Systems, and Administrative Disputes, Office of University Publications, Part One, Third Edition, Algeria, 2005.
Legislative and regulatory texts
[1] The Constitution of Algeria of 1996, amended and supplemented in 2020.
[2] Order 62/157 of December 31, 1962, extends the application of French legislation in force, which is not incompatible with the normal exercise of freedoms and national sovereignty, until further notice.
[3] Order 21/01 of March 10, 2021, containing the Organic Elections Law, amended and supplemented.
[4] Organic Law 98/01 of May 30, 1998, relating to the powers, organization and work of the Council of State, amended and supplemented.
[5] Law No. 98/02 of May 30, 1998, relating to administrative courts, amended and supplemented.
[6] Law 08/09 of February 25, 2008, containing the Civil and Administrative Procedures Code, amended and supplemented by Law 22/13.
[7] Law 22/07 of May 5, 2022, containing the judicial division.
[8] Executive Decree 98/356 of November 14, 1998, relating to territorial jurisdiction over administrative courts, amended and supplemented.
[9] Executive Decree 22/435 of December 11, 2022 defines the areas of regional jurisdiction for the administrative courts of appeal and the administrative courts.
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