توزيع الاختصاص القضائي بين القضاء الإداري و القضاء العادي في الجزائر : المعيار العضوي القاعدة العامة و الاستثناء المعيار المادي

Abstract EN

By referring to the Algerian civil and administrative procedures code, precisely articles 800, 801 and 802, the Algerian legislator relied upon the general criterion method which stipulates exceptional cases.

It sets the rules of functional competence on the basis of a general criterion, namely the organic criterion, which forms a general reference rule under which the administrative litigation was defined and the jurisdictional competence was distributed.

In the same context, exceptional cases were stipulated for administrative litigations for which settlement is attributed to ordinary justice.

And as an exception from this general rule, the objective or material criterion was relied upon to determine the administrative litigation.