افاق للعلوم
Volume 10, Numéro 4, Pages 453-465
2025-09-21
Urgent Procedures Are Distinguished In The Article Of Stopping The Implementation Of An Administrative Decision In The Algerian And Tunisian Legislation
Authors : Chenikharr Amina .
Abstract
Abstract ; Algerian and Tunisian legislators approved the urgency of the administrative matter by adjudicating the lawsuit to suspend implementation as quickly as possible within legally specified deadlines, as it is a subsidiary lawsuit from the original lawsuit, which is the latter’s cancellation lawsuit, which is characterized by the long duration of the dispute, which results in consequences that are difficult to recover if the administrative decision requested were implemented. Suspension of implementation causes harm and prejudice to the rights and interests of individuals, so the administrative judge who examines the legality of the decision interferes by examining the circumstances of urgency without prejudice to the origin of the right. This is achieved in accordance with what distinguished both the Algerian and Tunisian legislators in terms of deadlines and speed of decision, and what was approved by the legislative texts regarding the specificity of the procedures for stopping the implementation of the administrative decision. So that the rights of individuals are not lost and at the same time the interests of the administration are not hindered, in order to move toward achieving justice
Keywords
urgency ; Suspension of implementation of the administrative decision ; Postponing the implementation of the administrative decision
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