The impact of the introduction of administrative courts of appeal on electoral disputes in Algeria

Abstract

This article examines the impact of the introduction of administrative courts of appeal on electoral disputes in Algeria by looking at the legal texts that regulate and define the jurisdiction of these courts, especially since they were created by the recent constitutional amendment of 2020 in order to strengthen and establish the principle of two-tier litigation in administrative matters in general. Our study aims primarily to investigate the extent to which the Algerian legislature was influenced by these constitutional reforms in electoral matters, and whether the creation of administrative courts of appeal truly represented a turning point and a change in the resolution of electoral disputes. We adopt a descriptive-analytical approach to analyze the various legal texts that specify the specific jurisdiction of these courts in resolving electoral disputes. In conclusion, we find that the Algerian legislature has effectively implemented the constitutional reforms in electoral matters through Order 21/01, which explicitly and for the first time establishes the principle of two-tier litigation in electoral matters, after this principle was previously not applied. Additionally, it sets deadlines for appeals to ensure the success of the electoral process and the proper application of the principle of two-tier litigation.