أثر الغرامة التهديدية فى تنفيذ القرارات القضائية ضد الإدارة

Abstract

At the present, the failure or reluctance of the administration in enforcing the administrative sentences issued against it became a phenomenon that has spread in many countries. Researchers, in this regard, have long studied this dilemma and many made efforts to reach suitable solutions, to the extent, they called the legislature, jurisprudence, and judiciary to address and fight this phenomenon with all legal judicial means. This made it urgent to put in place the right mechanisms to ensure the enforcement of sentences including the penalty payment which is deemed as one of the most recent means set by the Algerian legislature in the Civil and Administrative Procedures Code to ensure the good enforcement of administrative sentences according to the articles 980-981 of the 08/09 law, for all administrative judicial bodies required to adopt certain executive measures like the power to order the administration to sign the penalty payment issued against it. After the Algerian legislator has permitted explicitly the judge to enforce the civil rulings on the administrative disputes especially in the absence of the legal text, they are able now to impose a penalty payment on the administration if it refuses to comply with the decrees issued against it, and this is to provide the real value to the power principle of the matter issued. In this context, many of court sentences handed down to impose penalty payment on the administration. In the light of the mentioned guarantees and mechanisms, the phenomenon of administration reluctance in enforcing court sentences continues to worsen pending the genuine implementation of those guarantees and spreading a judicial culture among citizens to get their rights in addition to the need to release the executive judge's institution who exclusively competent in timely and substantive enforcement disputes as well as in issuing decisions and orders related to it.