The Authority of the Administrative Judge in Urgent Matters to Suspend the Implementation of an Administrative Decision: in Light of Law 22-13

Abstract

Comparative legislations have found that there is no alternative but to grant the judiciary the authority to order the suspension of the execution of the administrative decision in order to confront the situation resulting from its implementation, which lies in the difficulty of restoring the situation to what it was before the issuance of the decision ruled null and void. This mechanism is considered an exception to the general principle which establishes that an appeal for annulment has no suspensive effect on the enforcement of the administrative decision. Additionally, the Algerian legislator has adopted the system of suspending the execution of decisions by providing for it in the Code of Civil and Administrative Procedures of 2008, as well as in other laws such as the Expropriation Law and the Public Procurement Law. Therefore, it has set a limit to the administration’s privilege in enforcing its decisions, as this privilege cannot be absolute, since it may cause harm to individuals. Thence, it was necessary to place limits on this privilege in order to safeguard individuals’ rights by temporarily suspending its effects until it is adjudicated by the judiciary.