عيب عدم الاختصاص في اجتهاد القضاء الإداري الجزائري

Abstract EN

The principle of legitimacy requires from the administration to carry out its activities in accordance with the law, and in order to establish that legitimacy there shouldbe guarantees which could determine clearly the competence of the administration, separate authorities and set a judicial control.

The latter is regarded as the best guarantee since it is practiced by an independent authority that is grantedby the legislator a range of different guarantees.

In addition, in terms of controlling the administrative practices, the administrative judge can not intervene of his own free will, but he should rather resort to cases of administrative lawsuits, such as the cancellation lawsuit procedurewhich needssome conditions to be satisfied in form and content.

Lack of jurisdictionis one of the defects that are examined by theadministrative judge.

It is part of our study on the jurisprudence in the Algerian administrative jurisdiction.