The evolution of administrative judicial structures in Algeria during the period 1962-2022: a critical analytical study

This research paper examines the evolution of administrative judiciary structures in Algeria from 1962 to 2022 (over 60 years); since its independence, Algeria has adopted a system of dual jurisdiction, with the structures of the administrative judiciary gradually evolving thereafter; Algeria maintained the three major administrative courts established by the French administration initially; furthermore, following the issuance of the judicial organization law of 1965, administrative chambers were established at the level of judicial councils, and an administrative chamber at the level of the Supreme Council, currently the Supreme Court. In this regard, the 1996 constitution represents a crucial turning point in the development of the Algerian administrative judiciary, establishing the Council of State, administrative courts, and the Court of Conflicts in its Article 152, subsequently, the promulgation of the Code of Civil and Administrative Procedures in 2008 affirmed the independence of administrative lawsuit procedures from ordinary lawsuit procedures; moreover, six administrative appellate courts were recently established (2022) to strengthen the principle of litigation at two levels in administrative matters. The study reached several conclusions, most notably that the establishment of the six (06) administrative appellate courts in Algiers, Oran, Constantine, Ouargla, Tamanrasset, and Bechar embodies the principle of litigation at two levels in administrative matters, furthermore, the new reforms suggest that the Algerian legislator is moving towards electronic litigation by approving the possibility of electronic processing of lawsuit filing procedures, as stipulated in the new Article 815 of Law No. 22- 13, amending and supplementing the Code of Civil and Administrative Procedures: «A lawsuit is filed before the administrative court by a paper or electronic request»; in 2022, the Algerian administrative judiciary achieved a qualitative accomplishment by establishing administrative appellate courts, thus completing all its judicial structures at all levels (administrative courts, administrative appellate courts, Council of State), in addition to amending the Code of Civil and Administrative Procedures, and amending Law No. 98-02 related to the Council of State.