الموازنة بين حق الفرد في الملكية و متطلبات الإدارة في توفير الخدمة العمومية : دراسة مقارنة

الملخص EN

In order to exercise its functions efficiently, the public administration possesses several areas of expertise, among them is the expropriation for the reason of public utility.

It represents a major danger to the right of private property; it has been surrounded by several arrangements; included in the law n° 91-11, and put in execution by the decree ministerial n° 93-186, in order to establish a balance between the individual's right to the private property and the requirements of the public service.

Indeed, the above stated legal texts could regulate many operations of expropriation during one decade and half.

Nevertheless; their rules appeared inefficient in a certain time facing the bureaucracy, especially after the launching of big projects of infrastructure in the beginning of this new millennial.

That pushed the Algerian legislator to complete the law 91-11 two times.

In spite of, the practice shows us that the institution of a real balance between the individual's right to the private property and the requirements of the public service have not been reached yet.