The Competences of the Council of State under Algerian Legislation

Abstract

The Council of State is the highest administrative judicial authority in Algeria and plays a pivotal role in upholding the principle of legality and protecting individual rights and freedoms through its diverse judicial jurisdictions. This article aims to examine the jurisdictions of the Council of State and highlight their role in safeguarding rights and freedoms by analyzing its jurisdiction as a court of first and final instance in annulment, interpretation, and legality review actions, its role as an appellate court reviewing decisions of administrative courts of appeal and urgent orders, and its function as a court of cassation through the study of the concept, conditions, procedures, and legal effects of cassation appeals. The study adopts a descriptive-analytical approach to examine the legal provisions governing the Council of State's jurisdictions and their practical application. It concludes that the diversity of the Council of State's jurisdictions strengthens judicial review over administrative action, contributes to the consistency of administrative case law, and provides an effective judicial guarantee for the protection of individual rights and freedoms, thereby reinforcing the rule of law and the principle of legality.