L’indispensable équilibre judiciaire et administratif

The essential judicial and administrative balance

Customs, Supreme Court, cassation appeal and economic transfer

The appeal to cassation, or even the re-examination of cases handled by the courts or courts of appeal, is an extraordinary remedy allowing the interposition of a court decision incorrectly applied, just as it is a tool for strengthening between the judicial order and the administrative order in the face of demands and economic transformations. A perfect balance.
The national economy is undergoing transformation and new legislative and regulatory texts relating to the customs field have come into force, which means the need to adapt to this new judicial and administrative climate. Aware of this major challenge, the Director General (DG) of Algerian Customs, Major General Abdelhafid Bakhouche, and the first president of the Supreme Court, Tahar Mamouni, in the presence of the Prosecutor General at the Supreme Court, and representatives of the Ministries of Justice, Finance and Defense, as well as the Constitutional Court, took part, the day before yesterday Saturday in Algiers, in a day study around the theme “Appeals to the Court of Cassation in customs matters”.
Speaking, the first president of the Supreme Court, Tahar Mamouni affirmed that the specificities of customs litigation require judges and judges of cassation to have perfect knowledge of all legal and regulatory texts in the customs field, defining the rules applicable only in customs action, without recourse to the code of criminal procedure, except in cases not provided for in the Customs Code. Given that the Supreme Court is the judicial body charged by the Constitution with the unification of ordinary judicial jurisprudence at the national level, as well as with the evaluation of the work of the courts of justice and tribunals, it “is required”, in accordance with these missions, to inquire into everything that is happening on the judicial scene with regard to the settlement of customs disputes, and to determine legal dysfunctions and points giving rise to certain practical difficulties, to through the appeal files submitted to it, to process them and rule on them, added the first president of the Supreme Court.
Speaking in turn, the Director General of Customs, Major General Bakhouche clarified, during this study day, that in the context of unbridled economic and commercial transformations, legal considerations intersect with economic and financial issues, “dialogue and complementarity constituting essential vectors for improving performance, consolidating the rule of law, and serving the general interest with greater efficiency.” The first official at Algerian Customs also underlined that the meeting between the Supreme Court and the DG of Customs constitutes a “qualitative step” testifying to a common commitment to strengthening the strategic partnership between the judicial and administrative systems, with the aim of ensuring rigorous application of the law and guaranteeing functioning justice. Given the complex nature of cases where legal, economic and administrative dimensions interfere, the mechanism of cassation appeal in customs matters represents the pinnacle of judicial control of judgments and a fundamental guarantor of the unification of judicial jurisprudence and the preservation of rights, adds Major General Bakhouche,
Sofiane Abi