امتناع القاضي الإداري عن تطبيق النص التشريع بسبب الدفع بعدم الدستورية

Abstract EN

: The control of the constitutionality of laws is one of the most important subjects dealt with by studies in the field of constitutional law to guarantee the constitutional principle of its Highness and never opposes the legal texts with its provisions, sine the constitutional justice has become one of the most important cornerstones in the promotion and protection of the rights and freedoms of individuals and the state of law This is after the Algerian constitutional institution in 2016, and afterwards, the legislature has the right to litigants in the possibility of recourse to the judiciary, whether ordinary or administrative and excitement charged a sub-text to be unconstitutional if the latter affects the right or freedom of constitutionally protected, It strengthen the founder and gave win the right to determine the seriousness of conditions to accept the payment to the administrative judge about the conflict, in wise the conditions available he refrains and sends a reasoned decision to the council of state during the period of 10 days from its publication and communicated to the parties and not be susceptible to any appeal, to the latter, notify the constitutional council if the conditions of this payment to decide about it.