النظام القانوني لمجلس الدولة الجزائري

Abstract

The Conseil d'Etat (Conseil d'Etat) is a supreme judicial body responsible for reviewing the work of administrative judicial bodies and for standardizing jurisprudence in administrative article, as a result of the system of judicial duality adopted by the Algerian legal system beginning with the amendment of the Constitution in 1996. The determination of its jurisdiction is governed by a set of controls and criteria, from the organic criterion that determines jurisdiction based on the capacity of the administrative entity concerned, to the objective criterion that is based on the nature of the activity related to the case regardless of the identity of the executing entity. The Conseil d'Etat is a qualitative change in the structures of judicial organization, formally confirming the separation of the ordinary judiciary and the administrative judiciary. Its importance is reflected in its mandate to oversee judgements and judicial decisions in the administrative article, through its inherent competence as a veto body to hear appeals against final decisions of judicial bodies, decisions of disciplinary committees of professional organizations and the Accounting Council. In addition to its inherent jurisdiction, the Conseil d'Etat can exercise extraordinary powers, such as the judiciary as an appellate judge in final decisions of the Administrative Court of Appeal of Algiers, or as a final trial judge in disputes between political parties and independent administrative authorities, under special provisions strengthened in the constitutional amendment of 2020.