المجلة الأكادمية للبحوث القانونية والسياسية
Volume 10, Numéro 2, Pages 1102-1120
2026-09-22
The Recognition Of The Principle Of Two-tier Judicial Review In Administrative Cases
Authors : Kebbab Mebarka .
Abstract
ABSTRACT: This research paper highlights the significance of the principle of two-tier litigation in the Algerian administrative judiciary as one of the most important constitutional and procedural guarantees for protecting litigants' rights and ensuring a fair trial. It explains that the constitutional and legislative reforms, particularly the 2020 Constitutional Amendment, have contributed to restructuring the administrative judiciary in a manner that reinforces this principle and enhances judicial oversight of court decisions. The paper also examines the role of administrative courts as courts of general jurisdiction and the first instance of litigation in administrative disputes, outlining their organizational structure as well as their subject-matter and territorial jurisdiction. Furthermore, it discusses their competence in adjudicating actions for annulment, interpretation, judicial review of legality, and full jurisdiction claims, while highlighting the exceptions that fall within the jurisdiction of the ordinary courts or the Council of State. The study concludes that this judicial framework strengthens the principle of legality, provides greater procedural safeguards for litigants, and enhances public confidence in the administrative justice system by allowing judgments to be reviewed by higher judicial authorities.
Keywords
key words: Two-Tier Litigation, Administrative Judiciary, 2020 Constitution, Administrative Disputes.
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