مساءلة الموظف مدنيا وماليا للحد من إشكالات تنفيذ الأحكام القضائية الإدارية في الجزائر

Abstract EN

The administration's reluctance to implement administrative judicial decisions is an old phenomenon and not a new one, as the role of the judiciary in modern countries is not limited to merely issuing a judgment or decision confirming the creditor's right, but extends to implementation with the aim of changing the practical reality and making it compatible with the ruling or administrative judicial decision and the law gives it power Executive.

And in the face of the administration's failure to implement, it was necessary for the legislator to find a solution to this problem, and among the solutions it adopted was the civil liability ranks on the employee who obstructed the implementation, as he did in the case of its failure to hold the employee personal financial responsibility in case he evaded and argued that the failure to implement is due to an accompanying error.

Therefore, it was necessary to enlighten the litigant about the financial guarantees guaranteed to him by law to confront the intransigence of the administration.