Local Elections Litigation in the Light of Organic Law No.16-10-Analytical Study -
Journal: REVUE DES LETTRES ET SCIENCES SOCIALES (Vol.17, No. 02)Publication Date: 2020-07-15
Authors : خالد بوكوبة نورة موسى;
Page : 417-430
Keywords : local elections; administrative appeal; judicial appeal; organic law; electoral litigation;
Abstract
The issue of this analytical study dealt with local elections litigation in the light of organic law 16-10, as it is a category of administrative litigation in general and electoral litigation in particular. The Algerian legislator organized local elections in all stages and ensured them with guarantees including rules and procedures that should be observed. The electoral litigation is characterized by its multiple forms and abundance during each electoral election. This can be seen through the appeals filled before the electoral commissions, and before the competent judicial authorities whether relating to the ordinary or to the administrative judiciary. This makes the electoral process immune from fraud and manipulation and maintains its integrity. Furthermore, the emergence of electoral litigation, especially related to local elections, starts from the stage of reviewing the electoral lists as well as the preparation of voting bureaus, to the stage of candidacy, voting and the announcement of results. The electoral legislator made the assignment of electoral litigation, especially those related to local elections, to be adjudicated by the administrative judiciary, which decides on cancellation appeals, except for appeals related to electoral lists and their reviewing. This is due to their specificity. The organic law related to elections also included some procedural rules related to electoral litigation assigned by the legislator to the administrative judge, which makes him and intervene to settle electoral litigation
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Last modified: 2020-08-27 18:09:57