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Name
of the institution : Council of State
President
:
Mrs Fella HENI
Address :
Council of State
Ben Aknoun
Rue du 11 décembre 1960
Algeirs
ALGERIA
Phone number
:
(213) 21.92.24.30
(213) 21.92.33.53
(213) 21.92.37.13
Fax number
:
(213) 21.92.44.89
E-mail :
majlesedawala@mjustice.dz
Composition and structure
Number of
members :
43 members, including :
- on the one hand, the President, the Vice-President, the presidents
of the chambers, the presidents of the sections and the councillors
of State.
- on the other hand, the " Commissaires du Gouvernement " and "
Commissaires du Gouvernement adjoints " .
The composition
of the Council of State can be modified when the Council exercises
its consultative competences. At that occasion, councillors in extraordinary
mission may be added.
Recruitment
procedures and incompatibilities :
The magistrates are subject to the legal status of the judicature.
The magistrate's function is incompatible with any electoral mandate,
either local or national, and with the exercise of any public or
lucrative private function. The magistrates are not allowed to join
any political association. They cannot participate in any action
which may stop or be an obstacle to the good admininstration of
Justice.
Internal
organization :
When operating as judge, the Council of State is divided into chambers
which may be subdivided into sections. Usually, the Council sits
in chambers or sections to give a ruling on the matters it is referred
to. However, in certain cases, all chambers may sit together, especially
when the decision which might be taken could cause a sudden change
in the case law.
When exercising its advisory functions, the Council of State meets
and deliberates in the General Assembly or in the Permanent Commission.
The General Assembly decides about the bills proposed by the Government.
It is chaired by the President of the Council of State. The examination
of the governmental bills by the Permanent Commission takes place
in exceptional cases when an emergency is declared by the head of
the Government.
Publications
(yearly reports, magazines, etc.) :
The
Council of State works out every year a general report which is
sent to the President of the Republic. It contains an appreciation
of the quality of the judgments of the administrative jurisdictions
that have been submitted to the Council, and includes a summary
of the Council's activities. Besides, the Council also contributes
to the publishing of various legal commentaries and studies.
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Court
functions
Jurisdiction
:The Council of State hears in first and last instance actions
for annulment of by-laws or individual decisions issued by central
administrative authorities, national public institutions or national
professional organizations. The Council is also competent to interpret
and appreciate the legality of the acts for which he may be seized
in first and last instance.
The Council
of State is competent in appeal to control the judgments pronounced
in first instance by the administrative tribunals in every matter
for which the law does not provide the contrary.
The Council is competent to hear the petitions for cassation of
judgments rendered in last instance by administrative jurisdictions
and especially by the the Audit Office.
Organization
of the courts system :
In principle, a dispute in administrative matter is subject to the
jurisdiction of the administrative tribunals. Their number and territorial
competence are determined by decree. The rules of proceedings before
the administrative tribunals are defined by the Code of Civil Procedure.
Except the cases where the law decides otherwise, the judgments
may be challenged in appeal before the Council of State. The administrative
tribunals are organized by chambers which can be subdivided into
sections.
Powers
of the judge (annulment, reversal, compensation ...)
The Council of State judges actions ultra vires (recours pour excès
de pouvoir). He is judge of appeal, judge of cassation, he judges
the rulings of the administrative bodies with a jurisdictional nature.
He also adjudicates cases involoving indirect taxes. The Council
may give injunctions in case of a very serious irregularity (voie
de fait) and of illegal expropriations, but he cannot impose a fine
(astreinte) upon the administration.
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Advisory
functions
The Council
of State gives its opinion on the governmental bills which are submitted
to it and may propose any amendment which it thinks necessary.
Miscellaneous
remarks
The Council
of State has succeeded the administrative chamber of the Supreme
Court since the organic law of 30th May 1998 on the jurisdiction,
organization and functioning of the Council of State.
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