Administrative Pre-emption and Its Practical Implications in Algerian Legislation

Abstract

Pre-emption constitutes the second exceptional method, alongside expropriation for public utility, for acquiring real estate property. The State derives its right to exercise pre-emption from a set of legal provisions.

Administrative pre-emption is a legal mechanism through which the State’s real estate assets are strengthened, given that such assets constitute one of the most important means of achieving social and economic development and reform.

The research problem addressed in this paper can be formulated through the following question:

How has the Algerian legislator regulated administrative pre-emption in terms of its legal effects, disputes arising there from, and the mechanisms for resolving such disputes?

The objective of this research paper is to shed light on all the aspects and issues raised by this subject, as well as to identify the relationship between the administration and individuals, the legal authority granted to the former vis-à-vis the latter, and the resulting legal effects and disputes.

In order to address the research problem raised in this paper, a methodological approach combining description, in order to present certain concepts, and analysis, in order to examine the various legal provisions relevant to the subject, has been adopted.