Administrative Pre-emption as a Mechanism for Regulating Economic Real Estate and the Requirements for Its Legitimacy under Algerian Legislation

Abstract

This study examines administrative pre-emption as a legal mechanism for regulating the circulation of economic land and directing it toward investment serving developmental objectives. It does so through an analysis of the legislative and regulatory framework governing this mechanism, while highlighting the specific legal nature of economic land within the broader property law system. The study further aims to assess the extent to which administrative pre-emption rules are consistent with the requirements of legality and the developmental purpose that justifies their adoption, with particular emphasis on their impact on legal certainty in investment and the protection of investors’ and private owners’ rights. The findings demonstrate that the legality of administrative pre-emption is not based merely on the occurrence of legal transactions, but rather on the nature of the land concerned, its investment function, and the clarity of the substantive conditions governing its exercise. This ensures a balanced approach between public investment interests and the stability of property transactions. The study concludes that administrative pre-emption remains an effective regulatory instrument when exercised within its clearly defined legal framework, without turning into an unjustified restriction on investment freedom or private property rights.