مبدأ الحق في التقاضي كضمانة لتحقيق محاكمة عادلة: دراسة قانونية مقارنة وفقا للتشريع الوطني والمواثيق الدولية والاجتهاد القضائي الجزائري

Abstract EN

This article deals with the study and analysis of the right to litigation or the right to justice for every natural or moral person to obtain his right in order to achieve a fair trial through lawsuit, as an authority granted by law to a person to obtain judicial protection in accordance with the legal procedures specified in the civil and administrative procedures law 08-09 dated on 25 / 02 / 2008.

the principle of the right to litigate is enshrined in the Algerian constitution of 1996 until the end of the constitutional amendment of 2020.

this is in line with the various legislations, charters and international teraties that recognize this legitimate right as one of the basic rights of the citizen, but for this right there are limits or restrictions described by the accelerator according to law 08-09 with the term "abuse of the to litigation".