توزيع الاختصاص بين جهات القضاء الإداري و جهات القضاء العادي

Abstract

Between the organic criterion and the material criterion, Algerian law has chosen the most straightforward option, i.e. as soon as the state, local communities or public administrations are involved; an administrative court is competent to hear case. This criterion has been established even before the foundation on the Constitutional Council or administrative courts, by the famous article 7 of the civil procedure code. And it has been confirmed after its modification by art.800 and art.801 of the civil and administrative procedure code. However, other articles of the abovementioned code and other laws have given competency to ordinary courts to hear cases, of which a public entity is a part. These cases fall within the jurisdiction of ordinary courts as a judge is to apply the provisions of private law. Yet, some cases with no public entity involved have been heard by ordinary courts. This text diversity which remains ambiguous regarding doctrine and jurisprudence has led me to conduct this study.