وقف تنفيذ القزارات الإدارية على ضوء قانون الاجزاءات المدنية و الادارية

Abstract

RESUME: The administration exercises most of its activity in society through administrative decisions that enjoy a legal system that guarantees it privileges in the face of individuals, whatever the nature of the administrative work and the public interest requires. Among the most important of these privileges is the enforcement of administrative decisions and their legal effect in the face of their addressees from the moment they are issued, and the appeal for cancellation has no suspensive effect. الممخص 72 As a result of the length of the litigation procedures, which usually take a long time between the stage of issuing the administrative decision and the ruling in the case for cancellation, it is necessary to grant the administrative judge the authority to take some preventive measures to avoid the aggravation of the damages resulting from its long-term validity despite its illegality Among these procedures is the order to stop the implementation of the administrative decision subject of the cancellation case. The system for stopping the implementation of administrative decisions is an exceptional initial measure taken by the administrative judge to fill the defects resulting from the principle of non-positional effect of appealing the annulment. Accordingly, most of the legislation expressly provides for the possibility of requesting the suspension of the implementation of administrative decisions and from Including the Algerian Civil and Administrative Procedures Law, which granted the litigant of the administrative decision claiming cancellation the possibilities of requesting a stay of implementation by filing a case before the subject judge or by filing an urgent case, as orders to stop execution are issued by the competent judge and they are orders subject to special procedures and conditions distinct from the judiciary of the matter. Appeal if it is issued by the subject judge.