Volume 3 | Issue 4
Volume 3 | Issue 4
Volume 3 | Issue 4
Volume 3 | Issue 4
Volume 3 | Issue 4
The judiciary in general, and the administrative judiciary in particular, represents the conscience of the nation. Its primary mission is to give effect to legal provisions and issue judicial rulings that are binding and enforceable. It constitutes a guarantee for consolidating the rule of law and protecting individuals’ rights and freedoms. However, the belief long prevailed that the judge’s role ends once the judgment is rendered, while its enforcement is entrusted to the administration. During a period in which the legislature, under the former Algerian Code of Civil Procedure, remained silent regarding the possibility for the administrative judge to issue orders to the administration for the enforcement of judicial rulings, the principle prohibiting the issuance of orders to the administration prevailed. This led to the administration’s reluctance and resistance to enforcing such rulings, thereby striking at the very authority and sanctity of the judiciary. Nevertheless, during this period, the administrative judiciary identified specific cases in which it exercised its jurisprudential role by issuing orders to the administration in order to ensure the enforcement of its rulings. It therefore became necessary for the judiciary to evolve towards finding practical solutions to overcome the administration’s resistance in this area. This prompted the legislature to expressly recognize the power to issue orders to the administration and to reinforce it with the power to impose a coercive fine, where necessary, in order to compel the administration to comply. Administrative judicial jurisprudence nevertheless continues to play an important role in this field. Legal rules always require judicial interpretation to ensure their continuity, as they remain incapable of addressing all individual factual situations.