Judgment Reviews Law at Algeria
1. Appeals and Judicial Review of Court Judgments
Supreme Court (Cour Suprême / High Court)
The Supreme Court of Algeria is the highest court of appeal in the ordinary judiciary.
It review only procedural aspects of lower court judgments. If the Supreme Court overrulled a case, it’s returned to the lower court for retrial.
Administrative Judiciary
Algeria has a two-tier system for administrative cases.
Law 22‑13 (July 2022) amended the Civil and Administrative Procedures Code to establish Administrative Courts of Appeal, sitting above the administrative courts of first instance.
The Constitution (2020 amendments) enshrined this two-tier administrative system, strengthening the procedural fairness in public law matters.
2. Constitutional Review: Oversight of Laws and Regulations
Historical Context
Originally, the Constitutional Council (1963–2020) oversaw the constitutionality of laws and regulations and ensured regularity in elections.
Its powers included issuing binding rulings to nullify unconstitutional statutes or regulations.
Transition to the Constitutional Court
Following the 2020 constitutional reform, Algeria replaced the Constitutional Council with the Constitutional Court, which officially began operating in November 2021.
This body handles constitutional oversight and has membership criteria designed to enhance its independence.
Mechanism: Exception of Unconstitutionality
Under Organic Law No. 22‑19 (July 2022), litigants may raise an "exception of unconstitutionality" during legal proceedings.
It follows a two-step judicial path:
Lower courts (ordinary or administrative) assess the admissibility and seriousness of the claim.
If accepted, the case is forwarded to the Supreme Court or Council of State, and ultimately to the Constitutional Court, which decides on constitutionality.
Subsidiary Plea of Unconstitutionality
After the 2020 amendment, any party in a legal dispute can raise a subsidiary plea of unconstitutionality.
Courts may (not must) refer such pleas to the Constitutional Court if the issue is substantial. The Court must rule within four months, with a possible one-time extension of another four months.
Summary Table
| Legal Area | Mechanism | Key Institution(s) |
|---|---|---|
| Ordinary (civil/criminal) | Appeal (procedural review only) | Supreme Court |
| Administrative cases | Two-tier appeal system | Administrative Courts & their Courts of Appeal |
| Constitutional review | Exception & subsidiary plea | Constitutional Court |
Final Thoughts
Ordinary courts are subject to appeal strictly on procedural grounds—without altering substantive verdicts.
Administrative litigation now benefits from a formal appellate level, improving judicial recourse.
Constitutional oversight has evolved into a more sophisticated system: citizens in legal proceedings can challenge laws used against them, and the Constitutional Court has a defined and fairly efficient review process.
Let me know if you'd like to explore any of these processes in more depth—like specific procedures before the Constitutional Court or examples of how these mechanisms have played out in practice!
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