LEGAL SOLUTIONS TO THE PROBLEM OF CONFLICT OF JURISDICTION BETWEEN ADMINISTRATIVE JUDICIARY BODIES IN ACCORDANCE WITH THE AMENDED AND SUPPLEMENTED CIVIL AND ADMINISTRATIVE PROCEDURES LAW

Objective: This study aims to clarify the legal solutions to the problem of conflict of jurisdiction between administrative judiciary bodies, whether this conflict is negative or positive, and this conflict occurred whether between two administrative courts or between two administrative courts of appeal, or between an administrative court and an administrative court of appeal, or between an administrative court of appeal and the Council of State, which leads to conflicting final rulings. Theoretical Framework: This article details the rules stipulated in the amended and supplemented Civil and Administrative Procedures Law, which are intended to provide solutions to this problem. These rules are for resolving conflicts of jurisdiction, deciding on issues of connection, and settling issues of jurisdiction, through what is known as the referral system. Method: The analytical and descriptive approaches were adopted in line with the nature of the subject, which requires this. Results and Discussion: The results obtained demonstrate the importance of resolving conflicts of jurisdiction between administrative judiciary bodies, especially in the case of negative conflict, so that the case does not remain without a fair solution. Research Implication: This research has led to important results, perhaps the most important of which is that conflicts of jurisdiction must be resolved if they occur, so that the case does not remain without a fair solution, on the one hand, and so that conflicting rulings in a single case can be avoided. Originality/Value: This research is characterized by originality and great scientific value, as the Algerian legislator’s determination of the rules of jurisdiction did not prevent the occurrence of a conflict of jurisdiction. For this reason, the legislator intervened to establish solutions that would put an end to the denial of justice and resolve cases within reasonable timeframes.