القرارات القضائية القابلة للطعن بالنقض أمام مجلس الدولة في التشريع الجزائري

الملخص EN

This topic includes the nature and the framework of judicial decisions subject of appeal in cassation before the State Council in the Algerian legislation, it is noted in this regard that the use of cassation appeal mechanism is narrow, since it affects the decisions of administrative tribunals and specialized administrative districts (Accounting Council, disciplinary committees).

Regarding decisions rendered by the State Council itself, in his capacity of judge on the merit, it is not possible to lodge appeal in cassation for a second time before the same State Council.

The reason for all this is that the Algerian legislature has changed the nature of the State Council who is expected to accomplish its role as a legal Tribunal and not as a Merit Tribunal.