المسؤولية عن أضرار القرارات الإدارية المشروعة في القضاء الإداري الجزائري

الملخص EN

Despite the clear recognition of the liability on damages caused by regular administrative decisions in the legislative provisions of the Algerian administrative law, the researcher finds a lack of judicial decisions adjudicating on it, which is reflected in the lack of studies dealing with this liability and the lack of clarity in its legal framework.

This Essay aims to address the problematic of basis and norms on which the judge relies to compensate for the damages of regular administrative decisions.

This Essay relies on an analytical method that starts with a review of the judicial decisions that have been collected, in order to then to search for the principals of the solutions developed by the judiciary.

This Essay concluded the difficulty of establishing a clear perception of the legal framework of the administration's liability for its regular decisions, due to the failure to adopt unified solutions and the failure to adopt intelligible basis, contrary to what is the case in the comparative jurisprudence and doctrine.

There is a need for a clear position of the State Council through which it unifies the jurisprudence regarding the provisions of this liability in a way that would achieve the legal certainty of the citizen.