The embodiment of the principle of two-tier litigation in Algerian administrative justice

Abstract

        The principle of two levels of litigation is one of the most important fundamental guarantees that ensure the rights of litigants and enhance trust in justice, as it is one of the requirements of a fair trial enshrined in international conventions and modern constitutions. The Algerian founder explicitly adopted this principle in the 2020 constitutional amendment.

Prior to this amendment, the structure of the administrative judicial system in Algeria suffered from clear shortcomings, as there was no second instance of litigation and the Council of State combined the functions of appeal and cassation, which limited the effectiveness of judicial oversight and weakened the guarantees granted to individuals. However, constitutional and legislative reforms have remedied this shortcoming by creating administrative courts of appeal, thereby allowing for the establishment of a hierarchical judicial system.

This approach led to a redistribution of powers and an amendment to the appeal system between administrative judicial bodies, thereby enshrining the right to two levels of litigation in administrative law, in line with comparative experiences.