مسؤولية الادارة عن عدم تنفيذ الاحكام القضائية بالجزائر

Abstract

"The issue of the administration's liability for the non-execution of judicial rulings in Algeria is a fundamental topic closely linked to the principle of respecting the judiciary’s decisions by the administration. However, the practical reality faces several difficulties obstructing the execution of these rulings, represented by the administration's delay or refusal to comply with what the judicial authorities decree. In this situation, which reflects an imbalance between the administration and individuals in the field of enforcement, the administration resorts to various justifications for refusing or delaying execution. This prompted the Algerian legislator to establish legal and procedural mechanisms aimed at compelling the administration to execute, whether through optional or mandatory means. The legislator also addressed this deviation by criminalizing it under Article 138 bis of the Penal Code, while allowing for the possibility of disciplining the public employee who refuses to execute. "