Algeria

Justice Minister stresses the “urgent nature” of the installation of the administrative courts of appeal

The Minister of Justice, Keeper of the Seals, Abderrachid Tabi, affirmed today, Monday in Algiers, that the installation of the administrative courts of appeal is of an “urgent nature” and this installationis “supposed” to takes place “before the end of the year.”

In a statement to the press on the sidelines of his presentation of three draft laws related to judicial organization, the State Council and judicial assistance before the Committee on Legal and Administrative Affairs and Freedoms of the National People’s Assembly, Tabi underlined that “the installation of administrative courts of appeal is of an urgent nature, and these structures are supposed to be installed before the end of the year.”

Regarding the review of the organization currently stipulated in Organic Law No. 05-11 of 07-17-2005 related to judicial organization, he added that it “falls within the framework of adapting some legal texts to the recent constitutional amendment,” as well as the case for the Organic Law No. 98-01 of May 30, 1998, pertaining to the functions, organization and work of the State Council, and the Law amending and supplementing Ordinance No. 57-71 of August 5, 1971, relating to legal assistance.

During the presentation session, which took place in the presence of the Minister of Relations with Parliament, Basma Azouar, the minister highlighted that the comprehensive review of the Judicial Organization Law “came to remedy the inconsistency that relates to some of its texts, especially those related to the duplication of the judiciary based on the existence of an ordinary system (which includes courts, councils and the Supreme Court). ) and another administrative (comprising the administrative courts and the State Council).

The minister explained that the draft law “proposes adapting the same law to the provisions of Article 179 of the Constitution, which created the administrative courts of appeal as a second degree for litigation in the administrative article.”

He added that “based on this adaptation, it will become possible to appeal to the administrative courts of appeal instead of the State Council, which will devote itself to exercising its constitutional functions as an evaluating body for the work of administrative judicial bodies, similar to the Supreme Court for the ordinary judiciary,”.

Regarding the organic law of the State Council, the minister said that it “includes 5 amendments, including those related to the review of its competencies, especially after the establishment of the administrative courts of appeal and the identification of decisions in which it can be competent to decide on the appeal.

With regard to the draft law amending and supplementing the order dated August 5, 1971, related to judicial assistance, the Minister of Justice confirmed that it falls within the framework of “adapting this order to the provisions of the Constitution, which created administrative courts of appeal as a second degree of litigation in the administrative article,”.

For his part, the head of the committee, Mohamed Aziz, indicated that the government, when submitting the organic draft laws presented today by the Minister of Justice, emphasized the “urgent nature” that characterizes these projects, which requires the members of the committee “to expedite the preparation of the necessary reports as soon as possible to enable the National People’s Assembly office to schedule them.”

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