إشكالية المادة 801 من قانون الاجراءات المدنية و الإدارية

Abstract EN

In administrative cases, Article 801 of the code of civil and administrative procedure poses no adon which includes legal ramifications On another this article is incompatible with the provisions of Articles 49 and 50 of the Civil Code, Articles 800 and 901 of the code of civil and administrative proceedings; Article 9 of the Organic Law n: 98-01 and Article 01 of Law No.

98-02, as it is a contradiction to the principle of "the gradation of the laws" , Therefore, the optimal solution is the abolition of Article 801, and the abolition of the exceptional primary jurisdiction of the State Council to evaluate the rules of jurisdiction in administrative cases and eliminate most of the disadvantages.