ضوابط الاختصاص النوعي للمحاكم الإدارية : دراسة مقارنة بين الجزائر و المغرب

Abstract EN

The implementation of the double justice system adopted by Maghribine countries, especially Algeria and Morocco, needs precise specification of the jurisdiction of administrative courts.

To determine what belongs to the jurisdiction of administrative courts and what does not is of great importance because it makes it easier for the litigant to know the judicial authority to which he should go to, and also avoids the judge from falling in problem of jurisdiction conflict.

For this reason, the Algerian legislator and the Moroccan legislator tried to put precise controls that define and delineate the areas and the fields in which the specific jurisdiction of administrative judiciary is held in general, and the jurisdiction of administrative courts in particular.

Despite these controls (restrictions), several problems appear from a scientific perspective to face both the judge and the litigant (defendant) and make it difficult to determine the right jurisdiction because of the complexity of cases in administrative courts.