The legal status of the daïra and administrative district in Algerian law

Abstract

Although the constitution recognizes decentralization as a basis for administrative organization, there is an administration deconcentration on the regional level that is subordinate to the wilaya and subject to the hierarchy authority of the wali, represented in the daïra and the administrative district. This is what made us look into its legal status, especially in terms of its legal basis and jurisdiction.

Both the daïra and the administrative district found a reason to bring the administration closer to the citizen and reduce the burden on the wilaya, but both of them suffer from a critical legal situation, whether in terms of the absence of constitutional and even legal establishment, the overlapping of tasks and specializations between the head of the daïra and the wali delegate, lack of legal personality, and their loss of the authority to take The decision is by virtue of complete submission to the authority of the wali, and all of this leads to obstruction of their performance.

Relying on this administration, the absence of effective management and coordination in it may lead to negative bureaucracy, and add new financial burdens to the state, which are not truly matched by a specific public service.