THE JUDICIAL ORGANIZATION IN ALGERIA
1/. Objectives
- The principles which characterize the judicial organization in Algeria;
- Interest of the judicial organization;
- The different judicial orders;
- The constitution of each judicial order;
- Know the legislation in force.
2/.INTRODUCTION
- All citizens are equal before the law;
- The right to take legal action is guaranteed by the Constitution.
- Justice : Public service accessible to all;
- It is organized by the State to enforce the law.
- Law : Rules allowing for impartial judgment.
- It is rendered by judges in the courts of justice, and it has its own minister: the Keeper of the Seals .
- The judicial system includes the ordinary judicial system , the administrative judicial system and the conflicts court .
3/.THE ORDINARY JUDICIAL ORDER
- The Supreme Court, courts and tribunals.
- The Algerian judicial system is characterized by the double level of jurisdiction (tribunals – Courts).
- At the top of the pyramid the Supreme Court (Regulator of the activity of the courts and tribunals)
4/.THE COURT
- The jurisdiction of the First Degree .
- It includes :
- A president of the court
- A vice-president
- The judges
- One or more investigating judges
- One or more juvenile judges
- A public prosecutor and deputy public prosecutors
- The registry
- The court is divided into several sections:
- Civil section
- Crimes Section
- Contraventions Section
- Family Affairs Section
- Minors’ section.
- Each section of the court decides on all cases submitted to it unless the law provides otherwise.
- The sections of the court are presided over by specialist judges.
- The court shall rule as a single judge, unless otherwise provided by law.
5/.THE COURT
- It is the court of appeal for judgments rendered by the courts as well as in other cases provided for by law.
- It comprises several chambers: civil chamber, criminal chamber, etc.
- Each chamber of the Court shall hear the cases submitted to it, unless the law provides otherwise.
- The indictment chamber : carries out a second-degree investigation (Control and monitoring of the activity of the investigating chambers).
- The Court includes:
- A President of the Court
- One or more vice-presidents
- Presidents of chambers
- Advisors
- An attorney general and deputy attorneys general
- The registry.
6/.THE SUPREME COURT The Supreme Court was created in 1963 (law n°63-218 of June 18, 1963 establishing the Supreme Court):
- It evaluates the work of courts and tribunals
- Guarantees the unification of the jurisprudence of the judicial system throughout the national territory
- Checks the regularity of court decisions in relation to the law. (It can either confirm the court decision or overturn it and in this case refer the case to the competent court).
- The Supreme Court, currently governed by the amended and supplemented 1989 Act, is composed of eight chambers :
Civil – Land – Social – Criminal – Offences and Contraventions – Personal Status – Commercial and Maritime Chamber and Chamber of Requests.
7/.CRIMINAL COURT
- Exists at the level of each Court;
- …Know facts classified as crimes, as well as offenses and contraventions.
- The jurisdiction, composition and functioning of the criminal court are established by the legislation in force.
8/.THE ADMINISTRATIVE JUDICIAL ORDER
- Since the 1996 Constitution, the Algerian judicial system has been characterized by dual jurisdiction : the ordinary judicial system and the administrative judicial system.
- Any person who considers themselves to have been harmed by the actions of the administration or a public administrative institution has the right to appeal to the administrative courts to obtain compensation (this is what emerges from Law No. 98-01 of 30 May 1998 relating to the powers and functioning of the Council of State).
9/.ADMINISTRATIVE COURTS
- Are courts of first instance .
- They rule in administrative cases where the State, the Wilaya, the Communes or public administrative establishments are parties, with the exception of a few cases where competence still falls under the jurisdiction of common law.
- Their decisions are subject to appeal before the Council of State.
- The administrative court must include at least three magistrates. The magistrates of the administrative court are subject to the status of the judiciary. They are organized into chambers which may be subdivided into sections.
THE JUDICIAL ORGANIZATION IN ALGERIA
10/. COUNCIL OF STATE
- The Algerian Council of State is a newly created institution (1998).
- It constitutes the regulatory body for the activity of administrative courts.
- It is seized in first and last instance, on appeal and in cassation proceedings.
11/.CONFLICT COURT
- Composed of seven magistrates;
- The president is appointed half from among the magistrates of the supreme court and half from among the magistrates of the council of state;
- The conflicts court is competent to rule on conflicts of jurisdiction between courts falling under the judicial system and courts falling under the administrative system.
- Its decisions are not subject to any appeal.
THE JUDICIAL ORGANIZATION IN ALGERIA
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