THE REALITY OF PARALLEL TRADE IN CRIMINAL LEGAL TEXTS

Abstract

Objective: The aim is to highlight the important role of the Supreme Judicial Council in the transfer, appointment, and dismissal of judges, particularly after the adoption of the justice sector modernization plan in Algeria. Additionally, it seeks to contribute to the strengthening of the Supreme Judicial Council through the 2020 constitutional amendment and its effectiveness. Theoretical Framework: The study is based on the field of appointing, transferring, promoting, and dismissing judges, which falls under the jurisdiction of the Supreme Judicial Council according to the 2020 constitutional amendment. It also examines the council's authority in supervising judicial discipline, which entails criminal, civil, and disciplinary responsibility as stipulated in the organic law and the 2020 Constitution. Method: The objective analytical method was used, as the subject of this study is derived from legal texts and their analysis. Results and Discussion: The Supreme Judicial Council in Algeria continuously reviews its composition and institutions to adapt to the requirements of the constitution and the law. Its independence limits interference from any authority, including the legislative or executive branches, in the judiciary's professional path. This applies to the appointment, transfer, promotion, and dismissal of judges, and also encompasses all matters related to judges. Research Implications: The results indicate that the 2020 Constitution has made the Supreme Judicial Council more adaptable to current developments and strengthened its independence, particularly in relation to the appointment, transfer, promotion, and dismissal of judges. However, it is necessary to ensure that the composition of the Supreme Judicial Council is exclusively comprised of members of the judiciary, and that the position of President of the Supreme Judicial Council is assigned to the Chief Justice of the Supreme Court to support guarantees. Originality/Value: This study serves as a contribution to the field of judicial independence through the appointment, transfer, promotion, and dismissal of judges. It enhances this specialization and supports independence by referring to the 2020 constitutional amendment. The study is limited and has not been deeply explored before, providing valuable insights into the Supreme Judicial Council's efforts to strengthen judicial independence in light of the 2020 Constitution.