2020 آلية اإلخطار في ظل التعديل الدستوري الج ازئري لسنة

Abstract

The constitutional amendment of 2020 ensured the replacement of the Constitutional Council with the Constitutional Court, considering it an independent constitutional institution tasked with ensuring respect for the constitution. The constitutional founder retained some characteristics of the Constitutional Council, maintaining the same number of members, which is twelve (12). However, it included for the first time the involvement of the electorate in the formation of the Constitutional Court by selecting half of its members from constitutional law professors. This gave the constitutional founder greater expertise in the Constitutional Court’s composition, allowing the institution to fulfill its duties without interference from any authority. Additionally, considering that the Constitutional Court cannot act on its own initiative, it must be notified by designated notifying authorities as specified in Article 193 of the 2020 constitutional amendment. This amendment also expanded the scope of direct notification to include presidential orders, notification regarding the compatibility of laws and regulations with treaties, notification regarding disputes between authorities, and notification regarding the interpretation of a ruling or several constitutional provisions. The scope of notification for challenging the constitutionality was also amended by adding regulations as a basis for challenging constitutionality. Organic Law 22-19 was issued to regulate the procedures and methods of notification and referral before the Constitutional Court, in order to regulate all procedures and deadlines related to direct notification or notification through challenging constitutionality. Ultimately, the decisions of the Constitutional Court are final and binding on all public, administrative, and judicial authorities. However, despite all the reforms brought about by the 2020 constitutional amendment, it is evident that they have not yet achieved the desired goal of effectively overseeing the constitutionality of laws by the Constitutional Court. Therefore, it is necessary to reconsider the notifying authorities and expand them to include other entities on one hand, and on the other hand, to open the door for individuals to directly challenge constitutionality before the Constitutional Court. Only through concerted efforts on all fronts can we achieve the rule of law and ensure the protection of rights and freedoms within the framework of constitutional supremacy