Open AccessCONCIALIATION AS AN ALTERNATIVE MECHANISM FOR SETTLING ADMINISTRATIVE DISPUTES
Author(s) -
Keltoum BOUKHAROUBA
Publication year - 2021
Publication title -
international journal of humanities and educational research
Language(s) - English
Resource type - Journals
ISSN - 2757-5403
DOI - 10.47832/2757-5403.6-3.27
Subject(s) - conciliation , legislator , arbitration , administrative law , mediation , political science , law , administration (probate law) , adversarial system , alternative dispute resolution , legislature , business , law and economics , legislation , economics
The administration issues unilateral administrative decisions, which makes it the strong party, ensuring its independence from the administrative judiciary by not interfering in its affairs as it is a public authority. Perhaps the best thing that the legislator did was when he approved, alongside the administrative judiciary sector, alternative mechanisms for resolving the dispute amicably in the Civil and Administrative Procedures Law, since the administrative judiciary costs them many and costly difficulties, especially the long and complex procedures, and the difficulty of implementing administrative rulings and judicial decisions. These mechanisms for settling administrative disputes are to solve problems amicably between litigants: conciliation, mediation and arbitration. We will discuss the conciliation mechanism, treating it from the angle of the legal position of the administrative judge as an original party