Through the Decree No. 88 -907 of 27 September 1988, amended by Decree No. 2000-1115 of 22 November 2000, the French legislator has introduced a new procedure similar to that outlined in the Code of Civil Procedure. This new procedure allows the administrative judge to grant a proviso to creditors of public persons, as soon as possible, since the existence of the obligation is not seriously disputed. Through the same judicial formula used in the legal code of the French administrative justice, the Algerian legislator introduced this procedure in the code of civil and administrative procedures in 2008, provided that the applicant makes a claim on the merits before the administrative court.

Based on the French code of administrative justice and the Code of Algerian civil and administrative procedure, we try in this comparative study to answer three basic questions: What is the content of procedures of the referee proviso and what are its legal characteristics? What are the conditions of form and substance of this procedure? What are the differences between the French and Algerian law in this domain, including those related to the conduct of the procedures and available recourse against the ordinance of the administrative judge?