On the activation of the principle of litigation at two degrees in administrative matters and its impact with regard to Algerian legislation

Abstract

The principle of litigation at two degrees is considered one of the most important principles of a fair trial, whether in the ordinary or administrative judicial system, in Algeria. The consecration of this principle has not posed any problem in the ordinary judicial system, unlike its administrative justice counterpart, which has not applied the principle since the adoption of judicial duplication in the 1996 constitution. However, with the promulgation of the Constitutional Amendment of 2020, the situation was differentiated by adopting the principle of two-degrees litigation in administrative matters in accordance with Article 179 thereof, and this was confirmed after the establishment of the administrative courts of appeal as the second level of litigation in administrative matters. The importance of this study is to know the role of the Algerian legislator in the activation of the principle of litigation at two levels in administrative matters and its impact, this is what the study has tried to clarify and achieve, by defining the notion of principle and the forms of its realization and its impact on the right to litigation and the judicial system in Algeria.