المقررات القضائية الإداري القابلة للطعن بالنقض

Abstract

A cassation appeal against the judicial decisions of administrative justice at the last level and the decisions of the accounting board, also may include the decisions of the specialized administrative justice at the last level. However, it cannot include the decisions of the Council of State according to the case law of this latter. This cassation appeal should be presented before the Council of State during 2 months starting from the date of reporting the contested decision. It is build upon one of the aspects appointed in the Act 853 from the Code of Civil and Administrative Procedure. However, what it is observed from the legislator that through the organic law 98-01 relating to the Council of State, and the Code of Civil and Administrative Procedure is the inaccuracies in the use of terms where the expression “decision” is used instead of “judgement.” This led to some confusion in the administrative judicial resolutions that accept the cassation appeal in a way which shows that the decisions of the Council of State also accept the cassation appeal considering it comes at the last level, although the council of state via some of its decisions has decided upon inadmissibility of the appeal. In spite of all this, the legislator is needed to clearly sort it out to remove any confusion