DEVELOPMENTS IN URGENT ADMINISTRATIVE JUSTICE IN ALGERIA PURSUANT TO LAW NO. 22-13 AMENDING LAW NO. 09-08 CONTAINING THE CODE OF CIVIL AND ADMINISTRATIVE PROCEDURE

Abstract

This study examines recent legislative reforms concerning the powers of the administrative summary (urgent) judge, particularly under Law No. 22-13 amending and supplementing the Code of Civil and Administrative Procedure.

The study aims to demonstrate the qualitative shift in the powers granted to urgent judicial proceedings to protect rights and freedoms and ensure the effectiveness of procedures in the face of arbitrary administrative decisions. To this end, the legislator has reinforced the urgent judge's role by accelerating urgent judicial protection measures, thereby strengthening the rule of law and boosting confidence in the judicial system. The study also clarifies ambiguity relating to subject-matter jurisdiction and explicitly assigns to the urgent judge requests for the suspension of administrative decisions.

Furthermore, it examines the innovative mechanisms granted to the urgent judge, such as the 'from hour to hour' procedure and the imposition of coercive fines to compel the administration to implement judicial decisions. It also looks at the establishment of a two-tier system of adjudication before the newly created administrative appellate courts.

The study concludes with a summary of the key findings and major developments.

Expansion of discretionary authority: The most recent amendment grants the urgent judge the power to rule on applications to suspend the implementation of administrative decisions with distinctive flexibility. This recognises a broad authority to assess substantive conditions without limiting them to exclusive, closed categories.

Overcoming classic constraints: The powers of the urgent judge under Law No. 22-13 extend to the adoption of necessary measures, moving beyond the historical restriction of the 'no interference with the merits (substance) of the right' requirement.

Addressing acts of material interference: By aligning with the French legislator on the protection of fundamental freedoms, the Algerian legislator grants the administrative judiciary jurisdiction to rule on cases of material interference by the administration against the right to property or fundamental freedoms. Litigants can access this through applications for suspension or urgent measures deemed necessary.

Development of interim conservatory urgency: Interim (conservatory) urgency is a complementary mechanism to the suspension of the decision's operation and urgent protection relating to freedoms. The Algerian legislature has kept pace with French developments by gradually dispensing, firstly, with the requirement of non-interference with public order, and, secondly, with the requirement of non-interference with the merits of the right, in order to ensure greater effectiveness and speed.