The Components of Duality in the Algerian Judicial System

Abstract

After Algeria adopted judicial dualism in 1996 and established both the Council of State and administrative courts, the steps taken by the Algerian legislator were slow and hesitant in completing the components of judicial and legal dualism, such as the appellate level in administrative matters and the administrative procedures law.
However, the constitutional founder addressed in 2020 the issue of two-level litigation before administrative bodies through the 2020 constitutional amendment, followed by Law No. 22-07, which provided for the establishment of six (06) administrative appellate courts. This was then followed by Law No. 22-13, which included many reforms and amendments in administrative matters.
Despite these recent amendments, the components of judicial and legal dualism have not yet been fully completed in the Algerian judicial system, especially given the criterion used to determine the jurisdiction of the judge in administrative disputes, the absence of a specific administrative procedures law governing administrative disputes alone, and the lack of specialized judges with advanced training in administrative matters.