Judicial Oversight of Public Procurement Contracts by the Administrative Judge

Probably not a substantial claim: may not pass S3 (load-bearing).

Among the most well-known actions of full jurisdiction is the action for compensation or the action of administrative liability, which is the basic mechanism for reparation of damages resulting from unlawful administrative acts.

“Among the most well-known actions of full jurisdiction is the action for compensation or the action of administrative liability, which is considered the basic mechanism for reparation of damages resulting from unlawful administrative acts.”

May combine two claims.

The urgent judge, in exercising this oversight, relies on a set of legal and regulatory texts, among them Law 23-12, which determines the general rules relating to public procurement contracts, and Law No. 10-05, amending and supplementing the ordinance dated 03/03/2003 relating to competition.

“The urgent judge, in exercising this oversight, relies on a set of legal and regulatory texts, among them Law 23-12, which determines the general rules relating to public procurement contracts (Law 23-12, 2023, p. 5), and Law No. 10-05, amending and supplementing the ordinance dated 03/03/2003 relating to competition (Law 10-05, 2010, p. 10), in addition to other relevant texts.”

• cites Law 23-12, 2023, p. 5Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Law 10-05, 2010, p. 10Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The administrative action is a legal means brought by a person before the competent administrative judicial body, through which he requests the settlement of an administrative dispute whose subject is a legal or material administrative act.

“The administrative action is regarded as a legal means brought by a person before the competent administrative judicial body, through Judicial Oversight of Public Procurement Contracts by the Administrative Judge -Boudjema Mohamed which he requests the settlement of an administrative dispute whose subject is a legal or material administrative act (Atta Allah, 2014, p. 158).”

• cites Atta Allah, 2014, p. 158Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

Judicial oversight contributes to reinforcing transparency, accountability, and trust in public administration.

“Consequently, judicial oversight contributes not only to the protection of public funds but also to reinforcing transparency, accountability, and trust in public administration.”

May combine two claims.

These powers are mainly represented in ordering the contracting authority to comply with its obligations, or ruling a coercive fine to compel the administration to execute, or ordering the postponement of signing the contract until the completion of the legal procedures.

“These powers are mainly represented in ordering the contracting authority to comply with its obligations, or ruling a coercive fine to compel the administration to execute, or ordering the postponement of signing the contract until the completion of the legal procedures.”

Classified as probably not a substantial claim.

The legislator has subjected public procurement contracts to a set of exceptional rules and procedures that distinguish them from private law contracts, with the aim of ensuring legality, transparency, and equality between operators.

“In view of the particular nature of these contracts, the legislator has subjected them to a set of exceptional rules and procedures that distinguish them from private law contracts, with the aim of ensuring the principles of legality, transparency, and equality between operators.”

Classified as probably not a substantial claim. May combine two claims.

Urgent judiciary is one of the most important mechanisms of judicial oversight in the field of public procurement disputes, and the Algerian legislator has granted it special attention through the texts regulating urgency contained within the Code of Civil and Administrative Procedures, devoting to it independent provisions allowing recourse to it in disputes related to public procurement

“Urgent judiciary is considered one of the most important mechanisms of judicial oversight in the field of public procurement disputes, and the Algerian legislator has granted it special attention through the texts regulating urgency contained within the Code of Civil and Administrative Procedures, where he devoted to it independent provisions allowing recourse to it in disputes related to public”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Actions of full jurisdiction include actions of administrative liability, disputes of administrative contracts, disputes of taxes and fees, disputes of public employees when their subject is compensation, disputes of expropriation for public utility for the purpose of claiming compensation, disputes of public works, disputes related to supplies, works, and leasing of services, claims for damages,

“They include actions of administrative liability, disputes of administrative contracts, disputes of taxes and fees, disputes of public employees when their subject is compensation, disputes of expropriation for public utility for the purpose of claiming compensation, disputes of public works, and disputes related to supplies, works, and leasing of services, and claims for compensation for damages”

• cites Aouabdi, 2014, p. 221Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

The administrative judge has emerged as a guarantor for the respect of these principles, through extending his oversight over the various stages of concluding and executing public procurement contracts.

“Within this framework, the role of the administrative judge has emerged as a guarantor for the respect of these principles, through extending his oversight over the various stages of concluding and executing public procurement contracts, whether it relates to oversight of legality or to the protection of the rights of those contracting with the administration.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Pursuant to Articles 800, 801, 802, 900 bis, 901, 902, and 903 of the Code of Civil and Administrative Procedures, the administrative actions falling within the competence of the administrative judge include the action for annulment aimed at challenging administrative decisions, in addition to actions for interpretation of these decisions and examination of their legality.

“From a legal and legislative perspective, and pursuant to the provisions of Articles 800, 801, 802, 900 bis, 901, 902, and 903 of the Code of Civil and Administrative Procedures, the administrative actions falling within the competence of the administrative judge include, in particular, the action for annulment aimed at challenging administrative decisions (Atta Allah, 2014, p. 160), in addition”

• cites Atta Allah, 2014, p. 160Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

These doctrines aim to preserve the stability of contractual commitments while ensuring the continuity of public services.

“These doctrines aim to preserve the stability of contractual commitments while ensuring the continuity of public services.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

Administrative judges have the authority to adjudicate claims for compensation and to determine the administration's liability when damages arise from violations of contractual obligations or abuse of administrative powers.

“Within this framework, administrative judges possess the authority to adjudicate claims for compensation and to determine the liability of the administration when damages arise from violations of contractual obligations or abuse of administrative powers.”

May combine two claims.

The powers of the urgent judge in the field of public procurement are determined by the stage of conclusion, since the exercise of his competence ceases immediately upon the signing of the contract, because urgent oversight precedes the emergence of the final contractual relationship.

“The powers of the urgent judge in the field of public procurement are determined by the stage of conclusion, since the exercise of his competence ceases immediately upon the signing of the contract, considering that urgent oversight precedes the emergence of the final contractual relationship.”

• cites Law 08-09, 2008Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

The legislator permitted the urgent judge, pursuant to Article 918 of the same law, to order the taking of temporary measures in the shortest delays, provided that these measures do not affect the substance of the right, which consecrates the provisional character of this judiciary and defines the scope of its intervention.

“The legislator also permitted the urgent judge, pursuant to Article 918 of the same law, to order the taking of temporary measures in the shortest delays, provided that these measures do not affect the substance of the right, which consecrates the provisional character of this judiciary and defines the scope of its intervention.”

• cites Article 918Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

The theory of the financial equilibrium of the administrative contract plays a significant role in maintaining fairness in contractual relations between the administration and private contractors.

“Moreover, legal doctrines such as the theory of the financial equilibrium of the administrative contract play a significant role in maintaining fairness in contractual relations between the administration and private contractors.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

Judicial oversight over public procurement contracts operates through legal mechanisms, in particular the action for annulment of unlawful administrative decisions and the exercise of full jurisdiction by the administrative judiciary in disputes concerning administrative contracts.

“This oversight manifests through various legal mechanisms, particularly the action for annulment of unlawful administrative decisions and the exercise of full jurisdiction by the administrative judiciary in disputes concerning administrative contracts.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Actions of full jurisdiction include actions aiming at claiming personal rights and establishing the responsibility of the administration for damages affecting these rights and claiming compensation for them.

“Included within the administrative action are the actions of full jurisdiction (Atta Allah, 2014, p. 161), which comprise actions aiming at claiming personal rights and establishing the responsibility of the administration for damages affecting these rights and claiming compensation for them.”

• cites Atta Allah, 2014, p. 161Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Other violations may appear which are not in themselves direct procedures of publicity but effectively influence the transparency of competition, such as changing the place of opening the envelopes or its date without notifying the competitors, which contradicts the requirements of competition and breaches the principle of transparency.

“Other violations may also appear which are not in themselves direct procedures of publicity, but Judicial Oversight of Public Procurement Contracts by the Administrative Judge -Boudjema Mohamed they effectively influence the transparency of competition, such as changing the place of opening the envelopes or its date without notifying the competitors, which contradicts the requirements of”

• cites Ennawi, 2011, p. 458Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The administrative action is a legal means granted by law to a person to resort to the administrative judiciary to claim rights affected by the acts and activities of the administration that caused damage.

“The administrative action is defined as the legal means granted by law to a person in order to resort to the administrative judiciary to claim his rights which have been affected by the acts and activities of the administration and have caused damage thereto (Baali, 2009, p. 127).”

• cites Baali, 2009, p. 127Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The general competence of administrative courts as holders of general jurisdiction is consecrated by the expression 'in all cases' in Article 800 of the Code of Civil and Administrative Procedures, and by the expression 'by virtue of special provisions' in Articles 801 and 901 of the same law, which grant the administrative judge a broad power not restricted except within the limits determined by

“This is based on the principle of the general competence of administrative courts as holders of general jurisdiction, which has been consecrated by the expression”

• cites Article 800Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Articles 801 and 901Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The legislator did not provide an explicit definition of urgent judiciary, but sufficed with indicating some of its characteristics and features, particularly through Article 917 of the Code of Civil and Administrative Procedures, which addressed the nature of urgent judiciary and referred to the collegial formation by which it is decided.

“Despite the importance of this type of judiciary, the legislator did not provide an explicit definition of urgent judiciary, but sufficed with indicating some of its characteristics and features, particularly through what is stated in Article 917 of the Code of Civil and Administrative Procedures, which addressed the nature of urgent judiciary and referred to the formation by which it is decided,”

• cites Article 917Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Judicial oversight by the administrative judge over public procurement contracts is a fundamental safeguard for ensuring the administration's compliance with the principle of legality and for protecting the rights of contracting parties.

“Judicial oversight exercised by the administrative judge over public procurement contracts represents a fundamental safeguard for ensuring the administration's compliance with the principle of legality and for protecting the rights of contracting parties.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

The principle is that final judicial judgments acquire the authority of res judicata, and this rule is general and applies as well to annulment judgments issued by the administrative judiciary.

“The principle is that final judicial judgments acquire the authority of res judicata, and this rule is general and applies as well to annulment judgments issued by the administrative judiciary.”

May combine two claims.

Formalities may be essential or secondary, since the violation of secondary formalities does not result in the annulment of the administrative decision, but it suffices that they be corrected, whereas the breach of essential formalities leads to the annulment of the decision.

“Formalities may be essential or secondary, since the violation of secondary formalities does not result in the annulment of the administrative decision, but it suffices that they be corrected, whereas the breach of essential formalities leads to the annulment of the decision (Al-Tamawi, 1991, p. 641).”

• cites Al-Tamawi, 1991, p. 641Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Misuse of power is a defect that does not relate to public order, therefore the judge does not rule upon it on his own initiative, but the appellant must invoke it and prove it.

“It is a defect that does not relate to public order, therefore the judge does not rule upon it on his own initiative, but the appellant must invoke it and prove it.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Violation of the law may be direct, when the administrative decision explicitly contravenes a legal rule, a constitutional principle, or one of the general principles of law, such as the administration's refusal to execute a judicial judgment issued against it.

“Violation of the law may be direct, when the administrative decision explicitly contravenes a legal rule, a constitutional principle, or one of the general principles of law, such as the administration's refusal to execute a judicial judgment issued against it (Bouchaour, 2011, p. 90).”

• cites Bouchaour, 2011, p. 90Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The administrative decision is considered tainted by the defect of violation of the law when it is issued in contradiction with a legal rule that is mandatory to apply, whether it is a constitutional, legislative, or regulatory rule, such as decrees and regulations, including the law related to public procurement contracts.

“The administrative decision is considered tainted by the defect of violation of the law when it is issued in contradiction with a legal rule that is mandatory to apply, whether it is a constitutional, legislative, or regulatory rule, such as decrees and regulations, including the law related to public procurement contracts (Ben Ahmed, 2011, p. 40).”

• cites Ben Ahmed, 2011, p. 40Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

At its beginnings, the French Conseil d'État held that the annulment of separable administrative decisions does not by itself lead to the annulment of the administrative contract, on the basis that the contract remains valid and effective until one of its parties invokes the annulment judgment before the contract judge, who alone possesses the power to rule its annulment, even if this annulment

“At its beginnings, the French Conseil d'État held that the annulment of separable administrative decisions does not by itself lead to the annulment of the administrative contract, on the basis that the contract remains valid and effective until one of its parties invokes the annulment judgment before the contract judge, who alone possesses the power to rule its annulment, even if this annulment”

May combine two claims.

Among the examples of the defect of competence in the field of public procurement contracts is assigning the process of selecting the contracting operator to a non-competent body, since the operations of sorting offers, evaluating them, extracting the best offer, and awarding the selection do not fall within the competence of the representative of the contracting authority, but are entrusted to

“Among the examples of the defect of competence in the field of public procurement contracts is assigning the process of selecting the contracting operator to a non-competent body, since the operations of sorting offers, evaluating them, extracting the best offer, and awarding the selection do not fall within the competence of the representative of the contracting authority, but are entrusted to”

• cites Ennawi, 2011, p. 465Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The stating of reasons in certain decisions constitutes an essential condition for their validity, especially in decisions related to the selection of the contracting operator, where the law requires the justification of the provisional award decision of the contract, and the clarification of the reasons for rejecting the other offers, particularly in the case of rejecting the financial offer on

“The stating of reasons in certain decisions constitutes an essential condition for their validity, especially in decisions related to the selection of the contracting operator, where the law requires the justification of the provisional award decision of the contract, and the clarification of the reasons for rejecting the other offers, particularly in the case of rejecting the financial offer on”

• cites Ennawi, 2011, p. 473Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The judge cannot exceed the litigants' requests or order the administration to adopt decisions not submitted to him, in accordance with judicial neutrality.

“The judge may not rule more than what has been requested by the litigants, nor may he order the administration to take decisions that were not submitted before him, in compliance with the principle of judicial neutrality (Karim Al-Nafs, 2013, p. 72).”

• cites Karim Al-Nafs, 2013, p. 72Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The defect of misuse of power is realized when the administration uses its authority to achieve a purpose other than that for which it was granted, whether seeking a personal interest, or motivated by revenge or favoritism, instead of achieving the public interest.

“The defect of misuse of power is regarded as one of the most serious defects of legality, and it is realized when the administration uses its authority to achieve a purpose other than that for which it was granted, whether seeking a personal interest, or motivated by revenge or favoritism, instead of achieving the public interest (Al-Sughayri, 2008, p. 302).”

• cites Al-Sughayri, 2008, p. 302Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Among the forms of misuse of power is the issuance of an administrative decision whose aim is to achieve a private interest or to take revenge on a particular person, such as refusing to grant a license to exercise a commercial activity despite the applicant fulfilling all the legal conditions, or preventing the competition of a specific person due to a previous personal dispute.

“Among the forms of misuse of power is the issuance of an administrative decision whose aim is to achieve a private interest or to take revenge on a particular person (Maneaa, 2008, p. 133), such as refusing to grant a license to exercise a commercial activity despite the applicant fulfilling all the legal conditions, or preventing the competition of a specific person due to a previous personal”

• cites Maneaa, 2008, p. 133Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Khalifa, 2002, p. 159Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The coercive fine is a legal means aiming at ensuring the execution of orders and judicial judgments issued against the administration.

“The coercive fine is considered a legal means aiming at ensuring the execution of orders and judicial judgments issued against the administration (Ben Ahmed, 2011, p. 65).”

• cites Ben Ahmed, 2011, p. 65Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Article 10 of Law 23-12 provides that contracts shall not be final nor enforceable except after their approval by the competent authority, represented by the minister with regard to State contracts, the head of the independent national authority, the wali with regard to wilaya contracts, the president of the municipal popular council with regard to municipal contracts, the director or director

“Article 10 of Law 23-12, which determines the general rules relating to public procurement contracts (Law 23-12, 2023), provides that contracts shall not be final nor enforceable except after their approval by the competent authority, represented by the minister with regard to State contracts, the head of the independent national authority, the wali with regard to wilaya contracts, the president”

• cites Law 23-12, 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The administrative court decides on this action within a short period not exceeding twenty days from the date of its filing, which confirms the particular urgent character of this type of disputes.

“The administrative court decides on this action within a short period not exceeding twenty days from the date of its filing, which confirms the particular urgent character of this type of disputes (Boudiaf, 2013, p. 319).”

• cites Boudiaf, 2013, p. 319Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

The defect of cause relates to the extent of the correctness of the facts upon which the administration relied and to the legality of their legal characterization, whether the authority of the administration is bound or discretionary.

“This defect relates to the extent of the correctness of the facts upon which the administration relied and to the legality of their legal characterization, whether the authority of the administration is bound or discretionary (Boudiaf, 2009, p. 198).”

• cites Boudiaf, 2009, p. 198Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The action for annulment is one of the most important mechanisms of judicial oversight exercised by the administrative judge over the acts of the administration, since it aims at protecting the principle of legality through confronting unlawful administrative decisions.

“The action for annulment is considered one of the most important mechanisms of judicial oversight exercised by the administrative judge over the acts of the administration, since it aims at protecting the principle of legality through confronting unlawful administrative decisions.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

This oversight extends, in the field of public procurement contracts, to administrative decisions separable from the contract, which are issued by the administration at the various stages of concluding and executing the contract, and which are subject to challenge by annulment before the administrative judiciary whenever the required conditions are fulfilled.

“This oversight extends, in the field of public procurement contracts, to administrative decisions separable from the contract, which are issued by the administration at the various stages of concluding and executing the contract, and which are subject to challenge by annulment before the administrative judiciary whenever the required conditions are fulfilled.”

May combine two claims.

The unilateral action of a non-competent body in taking the award decision constitutes an usurpation of a legally determined competence and renders the decision tainted with the defect of incompetence.

“Consequently, the unilateral action of a non-competent body in taking the award decision constitutes an usurpation of a legally determined competence and renders the decision tainted with the defect of incompetence (Ennawi, 2011, p. 465).”

• cites Ennawi, 2011, p. 465Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

In the field of public procurement contracts, the law obliges the taking of a number of essential procedures, beginning with the publication of the tender announcement in daily newspapers, passing through the receipt of offers, the opening of envelopes by the competent committee, then the evaluation of offers by the evaluation committee.

“As for procedures, they are the acts preceding the issuance of the administrative decision, such as consultations, the respect of legal deadlines, and adherence to the procedural sequence (Maneaa, 2008, p. 132), particularly in the field of public procurement contracts, where the law obliges the taking of a number of essential procedures, beginning with the publication of the tender announcement”

• cites Maneaa, 2008, p. 132Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

This defect relates to the objective of the administrative decision, and it is connected with the intention of the issuer of the decision and his psychological motives.

“This defect relates to the objective of the administrative decision, and it is connected with the intention of the issuer of the decision and his psychological motives (Labad, 2011, pp.262-263).”

• cites Labad, 2011, pp.262-263Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The judgment of annulment raises particular problematics in the field of public procurement contracts due to their composite nature and the interlacing of their procedures.

“Before addressing the judgments which may be issued by the annulment judge concerning the administrative decisions separable from the public procurement contract, it is appropriate to pause at a matter of great importance, related to the extent of the authority of res judicata of these judgments and their legal effects, considering that the judgment of annulment raises particular problematics in”

May combine two claims.

The French Conseil d'État later followed this doctrinal orientation, particularly by virtue of its judgment issued on 01/03/1954, where it ruled the annulment of the administrative decision related to the approval of the contract, considering that the conditions contained in the contract could not be executed, although the request for interpretation of the contract submitted to the Council was

“The French Conseil d'État later followed this doctrinal orientation, particularly by virtue of its judgment issued on 01/03/1954, where it ruled the annulment of the administrative decision related to the approval of the contract, considering that the conditions contained in the contract could not be executed, although the request for interpretation of the contract submitted to the Council was”

Probably not a substantial claim: may not pass S1 (asserted), S3 (load-bearing). May combine two claims.

The jurist Weyl considered that the administrative decisions contributing to the formation of the contractual operation constitute elements forming a composite administrative act, and that the acceptance of an annulment action against one of these decisions requires considering the legality of the whole operation as an indivisible unity, which necessitates the nullity of the contract if the null

“This orientation was opposed by a part of doctrine, foremost among them the jurist”

• cites WeylNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Violation of the law is also realized in the case of error in interpreting legal texts or applying them in an incorrect application, or expanding their field of application to include facts that do not fall within their scope, or relying on material facts that are not correct.

“Violation of the law is also realized in the case of error in interpreting legal texts or applying them in an incorrect application, or expanding their field of application to include facts that do not fall within their scope, or relying on material facts that are not correct (Ennawi, 2011, p. 474).”

• cites Ennawi, 2011, p. 474Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Violation of the law may also be indirect, in cases where the administration issues a decision based on a legal text that is not required to apply, or by omitting binding legal provisions, or by issuing decisions concerning situations not covered by the legal text subject of application.

“It may also be indirect, and that is in cases where the administration issues a decision based on a legal text that is not required to apply, or by omitting binding legal provisions, or by issuing decisionsconcerning situations not covered by the legal text subject of application (Bouchaour, 2011, p. 91).”

• cites Bouchaour, 2011, p. 91Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Article 947 of the Code of Civil and Administrative Procedures stipulated this period, and Article 935 of the same law clarified that the judgment issued in urgent matters entails immediate execution from the date of official notification or notification to the losing party, and the urgent judge may also decide its execution immediately upon its issuance.

“Article 947 of the Code of Civil and Administrative Procedures stipulated this period, and Article 935 of the same law clarified that the judgment issued in urgent matters entails immediate execution from the date of official notification or notification to the losing party, and the urgent judge may also decide its execution immediately upon its issuance (Law 08-09, 2008, Art.935).”

• cites Law 08-09, 2008, Art.935Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

In some force majeure cases, the administrative judiciary may avoid expressly using the term termination and may postpone adjudication or intervene temporarily until the force majeure cause ceases, considering the public interest, though this remains debated doctrinally.

“However, the administrative judiciary may not always use expressly the term termination in certain cases, and may prefer to postpone adjudication or to intervene temporarily until the cause of force majeure ceases, in consideration of the public interest, although this type of intervention remains subject of doctrinal debate regarding the extent of its conformity with the limits of the judge's”

• cites Al-Maghrabi, 1997, p. 43Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The administrative judge's task is to link the facts and analyze them to decide whether to accept or reject the action.

“The task of the administrative judge consists in linking the facts and analyzing them in order to reach a conclusion of accepting or rejecting the action.(Boudiaf, n.d., p. 134)”

• cites Boudiaf, n.d., p. 134Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Breach of these obligations establishes the administration's liability and gives the contractor the right to claim compensation for damage suffered and lost profit.

“The breach of these obligations by the administration leads to the establishment of its liability, and grants the contractor the right to claim compensation for the damage he suffered and for the profit he lost.”

• cites Boudiaf, n.d., p. 159Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Financial breaches include failure to pay the agreed price, late payment, or late return of the final guarantee.

“The breach also appears in the financial aspect, such as non-payment of the financial consideration, or delay in fulfilling it, or delay in refunding the final guarantee.”

• cites Boudiaf, n.d., p. 159Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

A full jurisdiction action is not directed against a mere administrative decision; it arises between parties disputing acquired personal rights, each occupying a defined legal position.

“The action of full jurisdiction is distinguished by the fact that it is not directed against a mere administrative decision, but rather arises between parties disputing over acquired personal rights, so that each party occupies a defined legal position.”

• cites Tichouri, 2025Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The legal time limits for bringing a full jurisdiction action must be respected; failure to comply causes loss of the right to judicial recourse.

“In addition, the legal time limits prescribed for bringing the action of full jurisdiction must be respected, since failure to comply with them results in the loss of the right to judicial recourse (Ennawi, 2011, p. 480).”

• cites Ennawi, 2011, p. 480Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

The claimant in a full jurisdiction action is harmed by the administration's conduct or breach of contractual obligations and seeks compensation for the resulting damages.

“The claimant therein is harmed by the conduct of the administration or by its breach of its contractual obligations, and therefore seeks compensation corresponding to the damages suffered as a result of this breach or violation of the contractual provisions.”

• cites Tichouri, 2025Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The theory of unforeseen material difficulties applies when the contractor, during execution of an administrative contract, especially a works contract, encounters exceptional material difficulties not contemplated by the parties at contract conclusion, making performance more severe and costly.

“This theory is realized when the contractor, during the execution of the administrative contract, especially works contracts, encounters exceptional material difficulties that were not within the contemplation of the two parties at the time of concluding the contract, and which render execution more severe and more costly.”

• cites Issani & Larousi, 2022, pp.1312-1327Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• AssumptionRests on an assumption: In administrative contracts, the financial consideration is fixed and both the contractor and the administration are bound to the agreed price.
• AssumptionRests on an assumption: Execution of an administrative contract may be affected by unforeseen events that create a serious economic imbalance, making performance more costly and burdensome and possibly threatening public service continuity or the contractor's bankruptcy.

Probably not a substantial claim: may not pass S3 (load-bearing).

The action for compensation is one of the most important full jurisdiction actions; through it, a person asks the competent judicial body to order the administration to pay a monetary amount to redress damage caused by its activity or acts.

“Proceeding from this principle, the action for compensation is considered one of the most important actions of full jurisdiction, through which the concerned person requests from the competent judicial body to oblige the administration to pay a monetary amount in order to redress the damage that befell him as a result of its activity or its acts.(Boudiaf, n.d., p. 107)”

• cites Boudiaf, n.d., p. 107Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Forms of breach include not enabling the contractor to commence execution, such as not handing over the execution site, not providing the advance payment, not providing a site free of obstacles, not granting necessary authorizations, or not providing materials needed for execution.

“The forms of this breach are manifested in not enabling the contractor to commence execution, whether by not handing over the site of execution, or by not providing the advance payment, or by not providing a site free of obstacles, or by not granting the necessary authorizations, or by not providing the materials necessary for execution.(Boudiaf, n.d., p. 159)”

• cites Boudiaf, n.d., p. 159Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The administration's power to amend the contract is subject to oversight by the administrative judge, who verifies proportionality with public service requirements, connection with the original contract, and respect for statutory financial limits.

“The power of the administration to amend the contract is subject to the oversight of the administrative judge, who verifies the proportionality of the amendment with the requirements of the proper functioning of the public service, its connection with the original contract, and the respect of the financial limits stipulated legislatively (Boudiaf, n.d., p. 151).”

• cites Boudiaf, n.d., p. 151Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The action for compensation is also defined as the action brought by concerned persons to claim redress for damages caused by the functioning of public utilities or the activity of administrative authorities, with the administration responsible for compensating its contractor for damages from its fault or from risks associated with its activity.

“The action for compensation is also defined as the action brought by concerned persons in order to claim redress for the damages that have affected them because of the functioning of public utilities or as a result of the activity of administrative authorities, where the administration is responsible for compensating its contractor for the damages resulting from its fault or from the risks”

• cites Skakni, 2006, p. 57Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The administration's fault giving rise to compensation appears particularly in the contracting authority's breach of its contractual obligations, because concluding the public contract obliges the administration to enable the contractor to perform and to respect the contractor's financial rights.

“The fault of the administration giving rise to compensation appears in particular in the breach by the contracting authority of its contractual obligations, as the conclusion of the public contract entails the obligation of the administration to enable the Judicial Oversight of Public Procurement Contracts by the Administrative Judge -Boudjema Mohamed contractor to execute his obligations and to”

• cites Boudiaf, n.d., p. 159Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Upon the contractor's request, the administrative judge may terminate the public procurement contract if the administration committed a serious fault, such as unjustified withdrawal from its obligations or prolonged unreasonable delay in starting performance, when this seriously harms the contractual bond and may lead to financial consequences including penalties.

“The administrative judge possesses, upon the request of the contractor, the authority to rule the termination of the public procurement contract if it is established that the administration has committed a serious fault”

• cites Ben Ahmed, 2011, p. 94Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The claimant must prove the harm and its causal connection to the administration's activity; the judge may use technical expertise to establish the harm's nature and extent.

“The plaintiff bears the burden of proving the damage and its causal link with the activity of the administration, and the administrative judge may, when necessary, seek technical expertise to determine the nature and extent of the damage.(Boudiaf, n.d., p. 113)”

• cites Boudiaf, n.d., p. 113Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Within the theory of financial equilibrium fall three main forms of compensation: unforeseen material difficulties, the act of the prince, and exceptional circumstances.

“Within this theory fall three main forms of compensation, represented in the theory of unforeseen material difficulties, the theory of the act of the prince, and the theory of exceptional circumstances.(Ben Ahmed, 2011, p. 118)”

• cites Ben Ahmed, 2011, p. 118Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• AssumptionRests on an assumption: In administrative contracts, the financial consideration is fixed and both the contractor and the administration are bound to the agreed price.
• AssumptionRests on an assumption: Execution of an administrative contract may be affected by unforeseen events that create a serious economic imbalance, making performance more costly and burdensome and possibly threatening public service continuity or the contractor's bankruptcy.

Classified as probably not a substantial claim.

The theory of financial equilibrium is a judicial theory intended to let the contractor continue performing while ensuring a minimum degree of contractual justice.

“From here emerged the theory of the financial equilibrium of the contract, which is a judicial theory aiming to enable the contractor to continue executing his obligations while ensuring a minimum degree of contractual justice.(Labad, 2011, p. 296)”

• cites Labad, 2011, p. 296Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• AssumptionRests on an assumption: In administrative contracts, the financial consideration is fixed and both the contractor and the administration are bound to the agreed price.
• AssumptionRests on an assumption: Execution of an administrative contract may be affected by unforeseen events that create a serious economic imbalance, making performance more costly and burdensome and possibly threatening public service continuity or the contractor's bankruptcy.

May combine two claims.

Article 87 of Law No. 23-12 authorizes the administration in all public procurement contracts to amend contract clauses by increase or decrease under conditions: the amendment must be in writing if the original contract was written, must not affect the contract's essence, and must be limited to increase or decrease while respecting the legal financial ceiling.

“the legislator has authorized the administration, in all public procurement contracts, to amend the clauses of the contract by increase or decrease, in accordance with specific conditions”

• cites Article 87 of Law No. 23-12Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

A full jurisdiction action protects personal rights and individual legal positions, not merely abstract legality, unlike an annulment action, which protects legality without requiring a specific personal right.

“This action aims at protecting personal rights and individual legal positions, and not merely at safeguarding abstract legality, which differentiates it from the action for annulment that is brought for the protection of the principle of legality without requiring the existence of a specific personal right (Tichouri, 2025).”

• cites Tichouri, 2025Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The burden of proving the administration's fault generally lies on the claimant, but the administrative judiciary is flexible in this area because proving fault against the administration is difficult.

“The burden of proving the fault of the administration, as a general rule, lies upon the one who brings the action for compensation, however the administrative judiciary is characterized by a particular flexibility in this field, due to the difficulty of proving fault vis-à-vis the administration.”

• cites Boudiaf, n.d., p. 111Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Full jurisdiction is a type of judiciary in which the administrative judge has all legal powers needed to resolve the dispute comprehensively.

“Full jurisdiction refers to that type of judiciary in which the administrative judge possesses all the legal powers enabling him to resolve the dispute in a comprehensive and complete manner.”

• cites Aouabdi, 2014, p. 229Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Administrative liability is founded on the general rule that every act causing damage to others obliges the person who caused it to provide compensation.

“The principle of liability in administrative law is founded upon the general rule whose meaning is that every act, whoever its perpetrator may be, if it causes damage to others, obliges the one who was the cause of its occurrence to provide compensation.(Skakni, 2006, p. 53)”

• cites Skakni, 2006, p. 53Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

It is not enough that fault is established; the fault must result in actual damage affecting others and attributable to the administration's activity or one of its agents.

“It is not sufficient that fault be merely established in order to burden the administration with liability; rather, it is required that this fault results in actual damage affecting others, provided that this damage is attributable to the activity of the administration or one of its agents.”

• cites Boudiaf, n.d., p. 113Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

In full jurisdiction, the judge's role goes beyond reviewing legality and includes determining whether a right exists, assessing the administration's conduct, examining harm, and deciding compensation.

“His role is not confined to reviewing the legality of the administrative act only, but extends to determining the existence or absence of the right, assessing the legality of the conduct of the administration, and then examining whether such conduct has caused harm to others, in order ultimately to decide upon the appropriate compensation to redress that harm.”

• cites Aouabdi, 2014, p. 229Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

If the judge becomes convinced that the administration or an agent caused the harm, the judge must award compensation to the injured party, for example when the administration refuses to carry out a court judgment, which is a fault creating liability.

“Once the judge is convinced that the administration or one of its agents is the one causing the damage, it becomes incumbent upon him to rule for compensation in favor of the injured party, as is the case when the administration refrains from executing a judicial judgment, which constitutes a fault giving rise to its legal liability.(Boudiaf, n.d., p. 111)”

• cites Boudiaf, n.d., p. 111Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Jurisprudence, especially French jurisprudence, has settled that the contractor must be compensated if these difficulties overturn the economics of the contract, because the agreed prices were set under normal circumstances and exceptional difficulties require proportionate compensation.

“Jurisprudence, particularly French jurisprudence, has settled on the necessity of compensating the contractor if these difficulties lead to overturning the economics of the contract”

• cites Issani & Larousi, 2022, pp.1312-1327Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• AssumptionRests on an assumption: In administrative contracts, the financial consideration is fixed and both the contractor and the administration are bound to the agreed price.
• AssumptionRests on an assumption: Execution of an administrative contract may be affected by unforeseen events that create a serious economic imbalance, making performance more costly and burdensome and possibly threatening public service continuity or the contractor's bankruptcy.

Classified as probably not a substantial claim.

The act of the prince means any measure taken by public authorities that increases the contractor's financial burdens during contract execution and was not foreseeable at contracting.

“By the act of the prince is meant every measure taken by the public authorities that would increase the financial burdens upon the contractor during the execution of the contract, without having been foreseeable at the time of contracting.”

• cites Majdoub & Khelassi, 2019, pp.246-255Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• AssumptionRests on an assumption: In administrative contracts, the financial consideration is fixed and both the contractor and the administration are bound to the agreed price.
• AssumptionRests on an assumption: Execution of an administrative contract may be affected by unforeseen events that create a serious economic imbalance, making performance more costly and burdensome and possibly threatening public service continuity or the contractor's bankruptcy.

May combine two claims.

The Algerian legislator has given great importance to subjecting administration acts to legality, protecting public funds and guaranteeing the rights of those dealing with the administration, through judicial mechanisms that let the administrative judge oversee the stages of concluding and executing public contracts.

“it becomes evident that the Algerian legislator has attached great importance to subjecting the acts of the administration to the principle of legality, in protection of public funds and in guarantee of the rights of those dealing with it”

• AssumptionRests on an assumption: The administration represents the public interest and therefore enjoys particular prerogatives vis-à-vis its contracting partner.
• AssumptionRests on an assumption: In administrative contracts, the financial consideration is fixed and both the contractor and the administration are bound to the agreed price.
• AssumptionRests on an assumption: Execution of an administrative contract may be affected by unforeseen events that create a serious economic imbalance, making performance more costly and burdensome and possibly threatening public service continuity or the contractor's bankruptcy.
• AssumptionThe authors state this as an assumption: General exceptional events occur during execution of an administrative contract that the contractor could not foresee or prevent and that cause heavy losses seriously disturbing the economics of the contract.

May combine two claims. The quote only partly states this claim.

The administrative judge's role is not limited to reviewing the legality of administrative decisions separate from the public contract through annulment; it extends to deciding disputes under full jurisdiction, with power to award compensation, rescind the contract, and restore financial equilibrium when it is disturbed by administration faults or exceptional circumstances.

“the administrative judge's role is not limited to monitoring the legality of administrative decisions separate from the public contract through the action for annulment, but rather extends to adjudicating its disputes within the framework of full jurisdiction”

• AssumptionRests on an assumption: The administration represents the public interest and therefore enjoys particular prerogatives vis-à-vis its contracting partner.
• AssumptionRests on an assumption: In administrative contracts, the financial consideration is fixed and both the contractor and the administration are bound to the agreed price.
• AssumptionRests on an assumption: Execution of an administrative contract may be affected by unforeseen events that create a serious economic imbalance, making performance more costly and burdensome and possibly threatening public service continuity or the contractor's bankruptcy.
• AssumptionThe authors state this as an assumption: General exceptional events occur during execution of an administrative contract that the contractor could not foresee or prevent and that cause heavy losses seriously disturbing the economics of the contract.

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

This oversight is a fundamental pillar for balancing public interest and contractor rights, strengthening confidence in the administration and establishing the rule of law.

“This oversight has constituted one of the fundamental pillars for achieving balance between the requirements of the public interest on the one hand, and the guarantee of the rights of contractors on the other hand, in a manner that strengthens confidence in the administration and consecrates the rule of law.”

• AssumptionRests on an assumption: The administration represents the public interest and therefore enjoys particular prerogatives vis-à-vis its contracting partner.
• AssumptionRests on an assumption: In administrative contracts, the financial consideration is fixed and both the contractor and the administration are bound to the agreed price.
• AssumptionRests on an assumption: Execution of an administrative contract may be affected by unforeseen events that create a serious economic imbalance, making performance more costly and burdensome and possibly threatening public service continuity or the contractor's bankruptcy.
• AssumptionThe authors state this as an assumption: General exceptional events occur during execution of an administrative contract that the contractor could not foresee or prevent and that cause heavy losses seriously disturbing the economics of the contract.

May combine two claims.

The study concludes that Algerian law encourages amicable dispute settlement because it speeds up conflict resolution, lowers costs, and produces flexible solutions attentive to both sides' interests.

“The study likewise concluded that the Algerian legislator has encouraged the adoption of amicable dispute settlement mechanisms because of their role in accelerating the resolution of conflicts, reducing costs, and achieving flexible solutions that take into account the interests of both parties.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

For the act of the prince theory to apply, an administrative contract must exist, the damage must result from an unforeseeable measure, and the measure must considerably disturb the financial equilibrium.

“For the application of this theory, the existence of an administrative contract is required, and that the damage results from an unforeseeable measure, and that it leads to a considerable disturbance of the financial equilibrium.”

• cites Majdoub & Khelassi, 2019, pp.246-255Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• AssumptionRests on an assumption: In administrative contracts, the financial consideration is fixed and both the contractor and the administration are bound to the agreed price.
• AssumptionRests on an assumption: Execution of an administrative contract may be affected by unforeseen events that create a serious economic imbalance, making performance more costly and burdensome and possibly threatening public service continuity or the contractor's bankruptcy.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The act of the prince theory is based on administrative risks, because the measure is issued by a public authority not acting as a party to the contract and imposes a serious financial burden on the contractor.

“This theory is based on administrative risks, as the measure is issued by a public authority not in its capacity as a party to the contract, and it results in a serious financial burden upon the contractor.”

• cites Majdoub & Khelassi, 2019, pp.246-255Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• AssumptionRests on an assumption: In administrative contracts, the financial consideration is fixed and both the contractor and the administration are bound to the agreed price.
• AssumptionRests on an assumption: Execution of an administrative contract may be affected by unforeseen events that create a serious economic imbalance, making performance more costly and burdensome and possibly threatening public service continuity or the contractor's bankruptcy.

Classified as probably not a substantial claim. May combine two claims.

For the unforeseen material difficulties theory to apply, the difficulties must be material, exceptional, and unforeseeable, and must disturb the financial equilibrium of the contract, while the contractor remains obliged to continue performing.

“For the application of this theory, it is required that the difficulties be material, exceptional, and unforeseeable, and that they lead to a disturbance of the financial equilibrium of the contract, with the contractor remaining obliged to continue executing his obligations.”

• cites Issani & Larousi, 2022, pp.1312-1327Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• AssumptionRests on an assumption: In administrative contracts, the financial consideration is fixed and both the contractor and the administration are bound to the agreed price.
• AssumptionRests on an assumption: Execution of an administrative contract may be affected by unforeseen events that create a serious economic imbalance, making performance more costly and burdensome and possibly threatening public service continuity or the contractor's bankruptcy.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

For the exceptional circumstances theory to apply, the events must be exceptional and unforeseeable, foreign to the contract, and must seriously disturb the financial equilibrium; the compensation awarded is partial compensation for actual losses.

“For the application of this theory, it is required that the events be exceptional and unforeseeable, that they be foreign to the contract, and that they lead to a serious disturbance of the financial equilibrium”

• cites Manaa & Hamli, 2022, pp. 13-33Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• AssumptionThe authors state this as an assumption: General exceptional events occur during execution of an administrative contract that the contractor could not foresee or prevent and that cause heavy losses seriously disturbing the economics of the contract.

May combine two claims.

The theories of financial equilibrium of the contract ensure continuity of the public service and protect the contractor from unforeseen risks.

“the theories of financial equilibrium of the contract in ensuring the continuity of the public service and protecting the contractor from unforeseen risks.”

• AssumptionRests on an assumption: In administrative contracts, the financial consideration is fixed and both the contractor and the administration are bound to the agreed price.
• AssumptionRests on an assumption: Execution of an administrative contract may be affected by unforeseen events that create a serious economic imbalance, making performance more costly and burdensome and possibly threatening public service continuity or the contractor's bankruptcy.
• AssumptionThe authors state this as an assumption: General exceptional events occur during execution of an administrative contract that the contractor could not foresee or prevent and that cause heavy losses seriously disturbing the economics of the contract.