مجلس الدولة كهيئة مقومة لاعمال الجهات القضائية الادارية وفقا لتعديل 2022
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Date
2024
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جامعة المسيلة
Abstract
The Council of State is the highest judicial authority in administrative matters
under the provisions of Article 179 of the constitutional amendment of 2020. It is
dedicated to judicial dualism and exercises its original jurisdiction as a cassation
body as required by Article 2 of Organic Law 22-11, as amended, and
supplemented by Law 98-01, as well as in accordance with the provisions of
Article 901 of Law 22-13, as amended and supplemented by Law 08-09. It unifies
judicial interpretation and has jurisdiction to refer laws and regulations to the
Constitutional Court, as stipulated in Article 195 of the Constitution. It also
resolves jurisdictional disputes between administrative judicial bodies and,
according to Article 10 of Organic Law 22-11, it has exceptional jurisdiction as an
appellate body. Article 11 entrusts it with the power to rule on cases entrusted to it
by special provisions. The Council of State contributes to expressing its opinion on
draft laws and orders, in accordance with Articles 142 and 143 of the Constitution,
before they are presented to the Council of Ministers, to ensure legal security of
legal texts and embody the rule of law.
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Keywords
Council of State, administrative judicial bodies, judicial jurisdictions, cassation judge, referral of unconstitutionality