المنازعات المرتبطة بالقائمة الانتخابية للانتخابات المحلية في التشريع الجزائري

Abstract EN

The electoral system is considered a technical means that makes the election the source of the legitimacy of each authority.

Therefore, it is of great political, administrative and social importance in terms of its contribution to achieving political stability, developing democracy in society and ensuring effective functioning through representative institutions that ensure the good functioning of state institutions; thus election is a process that starts from the summoning of the electorate to the announcement of the results, soi t must be sound and fair, otherwise we would face litigations and remedies focused on the electoral process, and these litigations may contradict the preliminary procedures, including electoral list litigations.

The litigations on the electoral list, especially in the local elections, are considered preparatory phases, which enable the remove those abuses and breaches that may mar the preparatory electoral process and ensure the exercise of political and constitutional rights by individuals.

The Algerian legislator has assigned these litigations to the supervision of the ordinary jurisdiction and the administrative judiciary for consideration, so assigning litigations related to local elections to the competent authorities for adjudication may render them subject to the administrative jurisdiction that decides on cancellation remedies, or the ordinary judiciary, which determines upon, as mentioned, remedies related to electoral lists; This is what was included in the organic law related to the elections of procedural rules related to the electoral litigation assigned to either the ordinary judge or the administrative judge, the matter that allows him to refer to the judicial procedures for their application, thus the litigation is that electoral remedy submitted by the stakeholder in order to ensure the legitimacy of the related procedures, including what is related to the electoral time-limits, what is related to electoral lists, in which the the administration is usually a part.