The Role of Administrative Judicial Review in Protecting Rights and Freedoms in Algeria

Public administration, in exercising its legal powers, undertakes various acts, some of which are material and others legal. However, it may sometimes exceed the boundaries of its legal authority, thereby adversely impacting the exercise of individual and collective rights and freedoms. This underscores the urgent necessity of establishing continuous administrative judicial review over administrative acts, accessible through actions for annulment or compensation, to guarantee the protection of the exercise of these rights and freedoms. Indeed, administrative judicial review is regarded as the most effective means of protecting individual and collective rights and freedoms from any form of arbitrariness that may be committed by the administration, considering that individuals tend to place greater trust in this form of review for the protection of fundamental rights and freedoms. Nevertheless, this review sometimes encounters obstacles that limit its effectiveness. This challenge has been addressed by the Algerian legislator under the Code of Civil and Administrative Procedure by granting extensive powers to the administrative judge, aiming to strike a balance between ensuring adequate protection for public rights and freedoms and maintaining public order.