اختصاصات مجلس الدولة في ظل تعديل دستور1996 و القانون العضوي رقم 98-01

Abstract EN

The 1996 constitution has stipulated the establishment of a state council as a prelude to the adoption of the legal-duality system.

In addition, the state council is regarded as an assessing body of the functions of the judicial-administrative authorities which alongside, the Supreme Court, ensures the unification of the judicial jurisprudence in Algeria, abidance by law as well as the establishment of a legitimate state.

The amended and supplemented Organic Law No.

98-01, has regulated the competencies of the State Council, which encompass judicial and consultative competencies.

The latter have witnessed a noticeable evolution following the constitutional amendment of 2016 which allowed for the expansion of the consultative sphere to the extent of providing opinions as regards legislating by ordinance.

Meanwhile in the judicial field, the 2020 constitutional amendment included the establishment of administrative courts of appeal as a prerequisite for the principle of litigation at two levels, then expanding the competences of administrative courts to include all cases in which the local or the central administration is a party.

This allows the State Council in the future to be dedicated to the evaluation of the decisions issued by the administrative judicial authorities.