ADMINISTRATIVE COURTS OF APPEAL AS A BODY ESTABLISHED IN THE ADMINISTRATIVE ARTICLE IN ACCORDANCE WITH LAW 22-13 AMENDING THE CODE OF CIVIL AND ADMINISTRATIVE PROCEDURE

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LARBI Wardiya

Abstract

The Algerian Constitution of 2020, through Article 179, introduced a new addition to the Algerian administrative judiciary by establishing independent judicial bodies representing the second level of adjudication in administrative matters. This addition is manifested in the Administrative Courts of Appeal.


The adoption of Law 22-13 amending the Civil and Administrative Procedures Code of 08-09 explicitly activated these bodies. The law clarifies their jurisdiction, whether as appellate bodies for judgments and orders issued by the administrative courts of first instance, or as bodies of first instance dealing with specific cases, as explicitly stated. The law also regulates their composition, the procedures to be followed before them and the manner in which cases brought before them will be decided. Thus, pending their actual establishment in practice, this step represents a significant leap by the Algerian legislature in the field of administrative justice, consolidating the principle of judicial duality.

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Author Biography

LARBI Wardiya

Dr. LARBI Wardiya1

1Abou Bekr Belkaid University of Tlemcen (Algeria).

The E-mail Author: wardiya.larbi@univ-tlemcen.dz

References

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II. Scientific dissertations:

Mustafa Mohamed Tahamy Mansoura. "Administrative Dispute Procedures: A Comparative Study", Ph.D. thesis, Ain Shams University, Egypt, 2006.

Mustafa Mahmoud Kamil El-Sharbini. "The Invalidity of Litigation Proceedings before the Administrative Judiciary: A Comparative Study", Ph.D. thesis, Faculty of Public Law, Assiut University, 2003.

Sash, Jazia. "The Council of State System in Algerian Judiciary", Doctoral Thesis in Law, Department of Public Law, Faculty of Law, University of Algeria, 2008.

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"El Djazair News 2020", Official Gazette, issue 82, dated 15 Jumada Al-Awwal 1442, corresponding to 30 December 2020.

Law No. 08-09, dated 18 Safar 1429, corresponding to 25 February 2008, containing the Civil and Administrative Procedures Law, Official Gazette, number 9, dated 17 Rabi Al-Thani 1429, corresponding to 23 April 2008.

Law No. 22-07, dated 4 Shawwal 1443, corresponding to 5 May 2022, on the Judicial Department, Official Gazette, issue 32, dated 13 Shawwal 1443, corresponding to 14 May 2022.

Law No. 22-13, dated 13 Dhu Al-Hijjah 1443, corresponding to 12 July 2022, amending and supplementing Law No. 08-09 containing the Civil and Administrative Procedures Law, Official Gazette, issue 48, dated 18 Dhu Al-Hijjah 1443, corresponding to 17 July 2022.