توجهات القضاء الفاصل في المادة الإدارية في نطاق المسؤولية دون خطأ

Abstract EN

This paper examines the extent to which there exists wise judicial politics in Algeria in relation to administrative responsibility without a fault, which aim at establishing administrative justice in a way that protects rights through consistent and frequent mechanisms.

The study clarifies the struggles that this judiciary encounters and the most important characteristics of its work.

It tracks a selection of its judicial decisions by analysing and commenting on them to highlight the main features relevant to this subject.

This paper concludes that there is no clear judicial policy in this regard which, therefore, necessitates serious reconsiderations to increase judicial, legislative, and academic efforts and their cooperation in a way that meets a purely Algerian legal vision that enables the building of clear landmarks for a rational judicial policy in light of the new constitutional perception.