The principle of non-retroactivity between administrative legality and legal certainty

Abstract

One of the most important general principles established by the administrative judiciary is that administrative decisions cannot be applied retroactively, which constitutes one of the requirements of legality. However, recently the Algerian State Council and the constitutional founder had a new position represented in explicit recognition the idea of legal certainty, which affected the principle of non-retroactivity of laws in general. The legal certainty has become the new aim of this principle. Judicial cancellation of a retroactive administrative decision is thus indirectly achieving legal security, and since non-reactionary is a constitutional principle, the State Council must respect it in all its functions.

Keywords

• principle of non-retroactivity ;principle of legality; legal certainty.