قضاء وقف التنفيذ في المادة الإدارية : دراسة مقارنة في التشريع الجزائري و التونسي

Abstract EN

Judicial administrative appeals are characterized – as originally - by the non- existence of their suspensive effect.

This is due to a major reason which is the assumption of legitimacy in every legal act carried out by the administration regarded aiming to achieve the public interest, but this does not preclude the legislature from approving and adopting a procedure protecting, sometimes, the public interest and at other times protecting the interests of the convict.

This latter is "the suspensive effect" which focuses on the administrative and judicial decisions.

While there is symmetry of the Algerian and Tunisian legislators' positions for not considering the suspensive effect of the appeal against administrative decisions, the matter differs for the judicial decisions.

K ey wor ds: administrative decision, judicial decision, stays of execution, the nonexistence of suspensive effect