The Establishment of Administrative Courts of Appeal and Its Impact on the Restructuring of the Administrative Judicial System in Algeria

Abstract

This study aims to analyze the legal framework for the establishment of Administrative Courts of Appeal under the constitutional amendment of 2020 and Law No. 22-13 amending and supplementing the Code of Civil and Administrative Procedure, and to highlight its impact on the restructuring of the Algerian administrative judicial system. The reform marks a shift from a two-tier to a three-tier structure, with a focus on the redistribution of jurisdiction between these courts and the Council of State as the supreme court overseeing judicial decisions. The study concludes that this reform has succeeded in enshrining the principle of two-tier litigation and the guarantees of a fair trial by transferring the State Council’s previous jurisdiction to adjudicate as a court of first and last instance to the Administrative Court of Appeal of Algiers, as a first instance subject to appeal before the State Council. This development has contributed to alleviating the workload of the State Council, thereby enabling it to focus on its essential function as a court of cassation.