Judicial oversight on preventive administrative penalties in the Algerian legal system

Abstract

The comparison between the criminal and administrative penalties has raised a big judicial debate, considering the matter of the issue’s relation to double penalties ruled by the judiciary and the administrative authorities at once. With certain interrogative implications following about the reasons behind the existence of both penalties at the same time, and if this indicates a deviation from the principles related to the distribution of roles and competences between the judiciary and the executive based on the principle of separation of powers. Or maybe the matter is far off this understanding being that imposing preventive administrative penalties by the administration represents a natural extension of its permanent legal competences that are exercised within the activity of administrative control. In accordance with rules that determine methods of intervention in a way that does not prejudice rights and freedoms except to the extent necessary to preserve public order under the supervision of the administrative judiciary.