Environmental Administrative Sanctions: Between the Effectiveness of Deterrence and the Limits of Legality

Abstract

This research paper addresses administrative sanctions in general and environmental administrative sanctions in particular, examining them in terms of their definition and the main stages of their development since the emergence of administrative law in France. It also examines the fundamental characteristics of environmental administrative sanctions and their common features with other administrative sanctions, particularly in terms of their issuance by a public authority, their general nature, and their deterrent character. The paper then identifies the scope of administrative sanctions and their relationship to the environment, which leads to defining the concept of the environment, its components, and the scope of its protection.

This led us to formulate the following research question: To what extent has the Algerian legislator succeeded in granting the administration the power to impose administrative sanctions for environmental violations?

The purpose of raising this question is to achieve several objectives, namely: determining the effectiveness of environmental administrative sanctions and identifying the various stages through which they are implemented. To this end, the study adopts a methodological approach combining description and analysis of the various doctrinal views and legislative provisions relevant to the subject.