الوظيفة الاستشارية لمجلس الدولة الجزائري بين الإطار القانوني و المأمول

الملخص EN

The constitution amendment of the year 1996 adopt explicitly in the first time, according to the article 152, the judicial duplication that provide the establishment of the state council to serve as a body regulating the activity of administrative courts.

Than the founder doesn't stop only on judiciary tasks of the state council but he add to him consulting tasks as stipulated in article 119 which the legislative project should be consulted by the council before presenting them to minister council, than the tasks is extended to presidential commandments by the constitution amendment of the year 2016 in article 142.

According to this importance of consulting function is to enrich the basics rules of law and is considered as primordial procedure to uphold the efficiency of administrative activity.

But the consulting function of state council of Algeria is limited just in obligatory consultation of the legislation projects and commandments and doesn't extend to recommendation of law and organizations, when obligation is just in asking for advice not to take effect with it.

However, the consultation of the state council is only in legislative way not in administrative one which is not the same as it is done in other legislations.