إجراءات تنفيذ الأحكام القضائية الصادرة ضد الإدارة في التشريع الجزائري

Abstract

The subject of administrative judicial proceedings against the Administration in Algerian legislation is of the utmost importance to the extent to which the Administration must respect judicial decisions, in which the implementation of the provisions of the Administrative Code collides with the reality of the Administration’s intransigence in the face of the law. In light of this reality, which reflects a discrepancy between the administration’s status and individuals’ status in the area of implementation, the administration takes several forms and arguments to refrain from implementing the administrative judgment. The Algerian legislature must therefore determine the legal and procedural means by which the Administration could be bound if it failed to implement, which fluctuated between what is optional and what is compulsory. It sought to address this refrain by criminalizing it in the text of article 138 (bis) of the Penal Code, as well as by holding the refrained administrator accountable