التظلم الإداري كآلية لفض النزاع الإداري : دراسة مقارنة بين نصوص قانون الإجراءات المدنية 154 66 و قانون الإجراءات المدنية و الإدارية 09 08 و قانون الصفقات العمومية

Abstract EN

The administration's complaint is considered as the solicitation that the concerned person makes to the administration in order to review back its decision which brings damage to his legal status because of modification or cancellation, so the complaint which was obligatory becomes optional and its delay is fixed by the law to two months, so the administration has two months to answer by accepting or refusing, but in case of there is no answer at the end of these two months, begins the sequence of four months to take a legal act, so he must protect the administration that we cannot take to appear near to the justice, but it has to make a decision about the conflict, the concerned person is protected while he does not take a legal act which is useless since the administration is ready to accept his demand and the conflict is solved on friendly terms, but if it does not grant, so it is characterized by optional type, it is one of the best things that the Algerian legislation made after that it was obligatory, it is now considered as a proceduresʼ extension