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.