مبدأ التقاضي على درجتين في المنازعة الانتخابية : دراسة تحليلية لأحكام الأمر رقم 21 01 المتضمن القانون العضوي المتعلق بنظام الانتخابات

الملخص EN

The Algerian legislator has subjected the electoral process in all its stages, starting with preparing and reviewing electoral lists until sorting and announcing the results, to several types of oversight, the most important of which is judicial oversight, due to the impartiality and independence of the judiciary.

Both the candidate and the voter have the right to confront the electoral administration in the event that it violates the provisions of the electoral system regulating its competencies.

However, the effectiveness of judicial oversight is not complete without the exhaustion of the two levels of litigation, which is constitutionally enshrined in the last amendment of 2020, where it was circulated under Article 165 of it.

Through this research paper, as an answer to the problem posed, we concluded that Ordinance No 21/ 01which includes the organic law related to elections, was not at the desired level of applying the principle of two-tier litigation constitutionally enshrined in electoral disputes, as it was limited to rulings issued by administrative judicial authorities, while electoral disputes Before the ordinary judiciary or the Constitutional Court, it is decided at the level of one degree of litigation.

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