Algerian Legislation Research Articles

THE LEGAL MECHANISMS FOR ENCOURAGING INVESTMENT IN ALGERIA UNDER LAW NO. 22-18

Objectives: The primary objective of the Algerian legislator is to create a structured and regulated environment for investments that fosters a positive climate. The focus is on establishing legal frameworks that enhance transparency and ensure equal treatment for both local and foreign investors. This approach is intended to drive growth in the investment sector and to provide a sense of security and stability for investors. Methods: To achieve these goals, the legislator has emphasized the importance of legal and judicial safeguards, grounded in clear and objective principles. These principles are intended to secure the rights of investors while encouraging a fair and consistent regulatory environment. In addition to general legal protections, the framework includes specific fiscal incentives designed to attract investors. Results: One of the significant developments in this area is the amendment of the Investment Promotion Law No. 22-18, which introduced various legislative measures to support investment. These changes encompass a range of guarantees for investors, alongside tax breaks and financial incentives, which collectively create a more appealing investment landscape. Conclusion: The revised legal framework represents a proactive step by the Algerian government to enhance the investment sector. By ensuring legal protections, promoting fiscal benefits, and fostering an equitable environment for all investors, the new law aims to strengthen Algeria’s position as an attractive destination for investment, thereby contributing to economic growth and development.

IMPACT OF LAW 05-02 ON THE PRINCIPLE OF BALANCE BETWEEN LANDLORD AND TENANT INTERESTS IN COMMERCIAL LEASE AGREEMENTS: BETWEEN THE PROVISIONS OF OLD LAW AND NEW AMENDMENT

Objective: This article aims to shed light on the extent to which the principle of balancing the legal positions of the lessor and the lessee has been established in light of the Commercial Law before and after the issuance of Law 05-02, as well as to address the new developments in the approach adopted by the Algerian legislator in the context of providing a legal framework that protects the contractual relationship related to commercial leasing. Theoretical framework: The Algerian legislator has been keen to devote enhanced protection to the tenant by stipulating the tenant’s right to commercial ownership and renewal of the commercial lease, as well as the eviction notice and the compensation due when the landlord refuses to renew the commercial lease. However, this protection has diminished with the issuance of Law 05-02 amending and supplementing the Commercial Law, through which the legislator introduced a number of important amendments that affected the provisions of the commercial lease, represented in amending the rent and the lease term, especially the requirement of the official form for drafting the commercial lease contract, especially the introduction of Article 187 bis obligating the tenant to leave the commercial premises, and exempting the landlord from his obligation to notify the eviction and the compensation due, which led to an imbalance between the interests of the landlord and the tenant. Methods: As an analytical study, the methodology of analyzing the content of the legal rules related to commercial leasing was relied upon, whether before or after the amendment, and comparing them to reach the various provisions related to evaluating the extent to which the Algerian legislator balances the positions of the lessor and the lessee.The descriptive methodology was also relied upon, by relying on studies published in this context, in order to list the various points of view presented on the legislator's position on the contract related to commercial leasing, as well as to come up with new results to rely on in discussing the new law. Research implications: In the context of discussing a deep research problem, which is to estimate the position of the Algerian legislator towards the parties to the commercial lease contract, and their legal positions, through what it has established of rights and duties for each of the parties, the practical aspect surrounding the application of the legal text makes extracting the protective objectives that the legislator has taken into consideration the subject of unstable provisions, are the targeted dimensions purely legal, or do they follow a new legal approach within the framework of the new policies in legislation in general in Algeria. Originality of the research: The article studies the points of failure that may arise between the positions of the tenant and the landlord in the commercial lease contract, and raises the most important challenges facing the implementation of the new direction of the Algerian legislator, especially in the context of encouraging foreign investment, and the advantages that the tenant must enjoy in the context of eliminating the complications that may arise within the framework of these contracts.

Legal protection of the child between international conventions and Algerian legislation

Child protection has become a prominent topic at both the international and national levels. Numerous international agreements have been established to ensure the legal protection of children. This heightened focus reflects the unique needs of this vulnerable population, who require care, support, and safeguards.

Legal Mechanisms for the Protection of Juvenile Delinquents in Algerian Legislation

Both the child at risk and the juvenile delinquent are considered victims, regardless of whether they are the perpetrator or the victim of a crime. Modern legal policy views the child at risk as a victim of both personal and environmental factors, as well as other individuals. This impacts their personality, sense of self, and security first, and their behavior that masks the crime second. These two types of children represent two sides of the same coin, and neither can be solely labeled as a victim or a criminal. Consequently, the Algerian legislature has adopted the concept of the "child at risk." Due to the ongoing debate surrounding this concept, the same legislature has established legal protection for children by enacting a well-defined and comprehensive law, considered closer to ideal, dedicated solely to serving children. This law, referred to as Law 15-12 concerning the Protection of the Child, is complemented by various other legislative texts.

THE LEGAL MECHANISMS FOR THE USE OF GENETICALLY MODIFIED FOODS

Genetically modified foods are among the most significant outcomes of biotechnology, and they are one of the most contentious topics among scientists and legal experts regarding their potential effects on human health and the environment. The principle of scientific uncertainty and legal instability prevails in countries handling of regulating its trading, as opinions were divided between supporters and opponents of genetically modified organisms (GMOs), and positions and legislations varied among nations on this matter. Efforts worldwide have been focused on creating a roadmap for the trade and evaluating its risks concerning the preservation of biodiversity and human health. Research raises several closely related issues, notably the gap between providing sufficient food for nearly eight billion people in a world with a continuously increasing population and the inadequacy of this food supply due to global warming and climate change. Other challenges are associated with the lack of legislative and regulatory harmonization for the trade of these substances between domestic and international laws and the stance of the Algerian legislator on this matter

Challenges in Applying Nationality Law in Cases of Conflicting Laws in Divorce and Physical Separation (The Algerian legislator as an example)

The issue of conflict of laws in personal status matters cannot be studied without starting from the established principle for determining the applicable law. The Algerian legislator has relied on the principle of nationality to determine the law applicable to personal status matters. Based on this, the Algerian legislator considered it the best law or rather the principle of assignment that provides the greatest protection for the Algerian individual and for the Algerian public system according to the different requirements of the state. However, the problem is that the application of nationality law in conflict of laws has resulted in several shortcomings that have undermined the rights of the parties at the individual level, particularly the violation of the principle of gender equality, sometimes compromising the interests of the wife, the difficulty in preserving acquired rights, the problem of recognizing physical separation, and other issues that we will try to highlight in the national symposium.

The Wetlands of Northeastern Algeria (Guelma and Souk Ahras): Stakes for the Conservation of Regional Biodiversity

This in-depth floristic study, conducted from 2019 to 2023 in nine temporary wetlands in the Guelma and Souk Ahras provinces, northeastern Algeria, aims to highlight the natural heritage of the region by analyzing the floristic composition in relation to environmental conditions. To achieve this goal, comprehensive inventories were conducted, revealing the presence of 317 species belonging to 64 botanical families and distributed across 204 genera. The plant diversity at each site was assessed using various biological indices, with a particular focus on the Taxonomic Distinctiveness Index (TDI) to determine the influence of environmental factors such as fires, altitude, overgrazing and agropastoral activities on biodiversity. The results highlighted the dominance of therophytes (43.22%) and the prevalence of the Mediterranean assemblage (66.25%). Moreover, 8.83% of the species were endemic, 1.89% were protected by Algerian legislation and 1.26% were listed on the IUCN Red List. The study identified Priority Conservation Zones (PCA) where the preservation of ponds, particularly MTG, TRC, BTH, and GZE, is crucial. Additionally, floristic and ecological boundaries between ponds were identified, highlighting marked biological similarities between certain pairs and notable isolations, particularly evident in the case of BTH with a significantly high TDI. These results underscore the critical importance of the studied region, emphasizing the need to integrate its floristic biodiversity into conservation efforts to enhance overall ecological integrity.

The Competition Council Between Independence and Dependence

This research paper aims to investigate the extent to which the Competition Council truly distinguishes itself with sufficient independence and non-subordination to the executive authority, allowing it to directly exercise its powers related to market regulation and punishment of practices contrary to free competition. The Algerian legislator has granted the Competition Council a set of important powers as an independent administrative authority, enabling it to regulate the market and protect free competition. However, it shares executive authority in these matters. It cannot be said that the Competition Council is fully independent, as its members are appointed by the authority represented by the President of the Republic, especially in the absence of other appointment methods. Despite some required conditions for the President’s selection of members, they only relate to the necessary competence for performing their duties. As for functional independence, there are numerous interventions by the executive authority, particularly in establishing internal regulations. Additionally, the council’s funds are considered the Ministry of Trade’s funds, being its sole source of income. Furthermore, annual reports are submitted to other entities.

PROFESSIONAL ETHICS IN THE NEW MEDIA ENVIRONMENT: IMPORTANCE AND CHALLENGES

There is no doubt that the developments in the field of technology and the information revolution that the contemporary world is witnessing are one of the most important major historical developments in human history. These current developments have led to major changes in the field of the media industry and the patterns of information consumption, production, dissemination, and sharing of its contents, which in turn has made the media sector divided into two areas: Traditional media: which includes newspapers, magazines, radio and television. New media: which is mainly based on new technology and the flow of information via the internet, mobile phones, applications, programs and social networking sites such as Facebook, Twitter, Instagram and others...... Considering that technological, scientific and technical development of any kind can be a double-edged sword, which has prompted legislators to regulate these areas in a way that serves media ethics and human rights of various kinds and avoid attacking them, we will try in this research paper to reveal the most important mechanisms developed by the Algerian legislator in the service of media ethics and to preserve the rights of citizens or what is known as the right to privacy

Permanent disability in the criminal law: a forensic point of view

Permanent disability is a medico-judicial concept that aggravates the qualification of a criminal offence. The function of the forensic doctor is not always easy. The Algerian legislator has not defined this notion, nor determined a percentage to qualify it. From this point of view, ask yourself if such a notion is clearly defined by the legislation. On the other hand, to wonder if the determination of permanent disability constitutes a difficulty to the forensic doctor during the criminal expertise. Materials and methods: we proceeded to an analytical reading of the articles of the Algerian criminal law bearing the concept of permanent disability, In particular, article 264 and a comparison with other articles of the criminal law of different countries and the literature. A comparison with the notion of permanent disability in the civil law. A discussion of cases of victims of assault and battery observed in the forensic medicine department of the University Hospital of Sidi Bel Abbés received in the context of a criminal expertise, to determine a permanent disability. Results: the reading of the articles of the Algerian criminal law bearing the notion of permanent disability and the discussion of the cases of criminal expertises received at the forensic medicine department of the University Hospital of Sidi Bel Abbés, in order to determine a permanent disability revealed: the abstract and ambiguous character of this notion. Some of its aspects have been described, but less broadly than other countries, where this concept has not been as clearly defined.

Qualitative evaluation of groundwater in terms of its suitability for drinking and irrigation. The case study of Sidi-Bel-Abbes alluvial aquifer (NW Algeria)

Sidi-Bel-Abbes province is a semi-arid area mainly used for agricultural activity in northwestern Algeria. Its groundwater resources are characterized by high salinity varying from one area to another. This work aims at improving our understanding of these waters, through hydrochemical classification, to define their chemical facies and monitor their spatial evolution. In addition, this groundwater’s quality is assessed regarding their suitability for drinking and irrigation. The obtained results showed that the groundwater of the Sidi-Bel-Abbes area is dominated by chlorides, particularly the chloride calcium and sodium facies. Indeed, the spatial distribution of the different chemical facies confirmed the contribution of adjacent hydrogeological units and the interaction between the groundwater and the Mekerra Wadi. In terms of suitability for drinking, the maximum chemical element concentration accepted by the Algerian legislation is exceeded in most samples, especially for nitrates, chlorides, sodium and calcium. The interpretation of Riverside and Wilcox diagram revealed that the alluvial groundwater of Sidi-Bel-Abbes is generally characterized by a high salinity with a low to medium alkalinity danger. Therefore, the quality of this water is medium to poor, suitable for irrigation, but under certain conditions. Also, the groundwater is unsuitable for sensitive plants because of its high chloride (Cl) ion content. Moreover, the results obtained indicate that the use of these waters in irrigation presents low sodium risks, and therefore are not likely to modify the structure of the soils in the Sidi-Bel-Abbes plain or reduce their permeability.

Diversity and seasonal variation of wader community (Aves, Charadriiformes) in the Mekhada Marsh (northeastern Algeria)

Abstract Our study was conducted between October 2021 and April 2022 at the Mekhada marsh, a wetland of international importance, located in northeastern Algeria. This site hosts large concentrations of waterbirds in winter, including waders. Through this investigation in the region, we proposed to characterise and analyse the population structure of this group of birds, which remains very poorly documented in Algeria. The results obtained indicate the presence of 16 species belonging to three families and nine genera. The maximum number of birds was counted in January 2022 (2417 individuals). The inventoried species showed two phenological statuses (wintering and sedentary breeding). Among these, three are listed on the IUCN Red List as lapwing Vanellus vanellus; the others are listed on international bird protection agreements (AEWA, Convention of Migratory Species of Wild Animals [CMS] or are protected by Algerian legislation. The present study gives interesting and unpublished data on a group of birds that has been little investigated in Algeria and on a wetland that, due to its large area and various habitats, remains little or undocumented, particularly in terms of its ornithological richness, which is of great interest.

THE LEGAL FRAMEWORK FOR SMALL TRADERS IN ALGERIAN COMMERCIAL LEGISLATION

It is no different that commercial work was at its beginning a simple work done by individuals (natural persons), then it increased in expansion in size and territory until merchants were able to introduce the denominations system, and with the beginnings of the emergence of commercial companies, the commercial law focused on small projects for private individuals, under the influence of the general provisions of the law The civil (individuals law) where the state extracted from them the organization of large projects for fear of the tyranny of large merchants over the systems of government, so the joint stock companies were organized as they require huge sums in the form of decrees, and perhaps this influence still exists although it has become less severe in our time. The Committee on International Trade Law of the United Nations has called on more than one occasion to pay attention to small traders through the approach of "thinking on a small scale first" and called on developing countries in particular to include, recognize and support them in the various legal texts regulating them. It goes without saying that the Algerian commercial law is the regulator of the principles and rules of trade with all its actors: merchants, their obligations, commercial activities, etc. However, these principles and texts are often general without specification (registration in the commercial registry, commercial and accounting bookkeeping...) as they apply to all Merchants without specifying, and the special legal texts regulating commercial life have recently known accelerating rates. Or is it not fair to reconsider this generality by adopting legal texts for small traders, individuals or companies, with regard to obligations? With an explanation of how? Is this legislative richness or is it a place of contradiction and contradiction of provisions? Accordingly, the researcher suggests the need to reconsider the provisions of the Algerian commercial law by granting privacy to this category in terms of activity, incorporation, reduction or exemption from obligations and the proposed alternatives? As well as the privileges thatmay be enjoyed by small traders,individuals and companies,to develop their activity in support of the national economy, and to call on the Algerian legislator to recognize the individual small trader and strengthen the position of the small trader as a legal person, while ensuring that the texts governing small and emerging commercial companies meet the principles of governance

A Comparison of Islamic Law and the Algerian Family Code within the Framework of Unfair Divorce Provisions

Unfair divorce remains a significant issue faced by contemporary societies. Addressing this problem requires effective legal and legitimate interventions. The Algerian Family Code derives its fundamental principles from Islamic Sharia and is influenced by Islamic law. However, over time, the Algerian Family Code has undergone various changes and adjustments to align with modern legal and social needs. The implementation of unfair divorce under Islamic law and the Algerian Family Code has witnessed several differences and contradictions. This study examines the provisions related to unfair divorce in Islamic law and the Algerian Family Code, highlighting their similarities and differences and the extent to which the Algerian Family Code is influenced by Islamic law. The study focuses on the extent of harmony and divergence between the legal and jurisprudential bases concerning unfair divorce in Islamic Sharia and the Algerian Family Code. Considering that Islamic Sharia serves as the primary source of the Algerian Family Code, the study investigates the challenges and disagreements encountered in their application. The significance of this research lies in shedding light on legal and jurisprudential matters related to unfair divorce in Algeria, providing crucial references to legal, religious, and academic institutions to establish a balanced legal framework in cases of unfair divorce, and encouraging further research to find comprehensive and harmonious legal solutions for Algerian society. The study adopts a comparative and analytical approach by collecting data and legal sources related to unfair divorce in Islamic and Algerian law, including legal texts on family and legislation in Algeria, fatwas, and judicial decisions concerning divorce cases. The obtained information is meticulously analyzed and compared to identify the similarities and differences between the two legal systems regarding the concept and conditions of unfair divorce. Moreover, the study investigates the laws and provisions aimed at preventing unfair divorce in both Islamic law and the Algerian Family Code. The analysis and comparison reveal significant disparities in the concept and procedures of unfair divorce between Islamic law and the Algerian Family Code. While Islamic law refers to such divorces as "bid'i divorce," the Algerian legislator designates them as "unfair divorce." Furthermore, the instances qualifying as unfair divorce differ between the two systems. Under Islamic law, unfair divorce occurs during the menstruation period, during the "clean" period when the husband touches the wife, through three pronouncements in a single session, or during a terminal illness. In contrast, the Algerian legislator limits unfair divorce to three situations: when the husband intends to harm his wife through divorce, when the husband seeks a minor benefit at the expense of his wife, or when the husband's purpose in divorce is to obtain an unlawful advantage. Lastly, concerning unfair divorce compensation, Islamic law grants the divorced woman the right to "mut'a" to deter the husband and compensate for her losses. The Algerian legislator, upon proving unfair divorce, awards the divorced spouse both the "mut'a" stipulated by Sharia and compensation for the damages incurred.

Startups in Algeria - Towards the promotion of the economic development movement as an alternative to wealth creation without depending on economic rents

The Algerian legislator sought to establish a legal framework for emerging enterprises whose managers aim to create and market new technologies with the intention of promoting the economic development and encouraging investment and innovation in the field of information and communication technology. For this, he first started by embodying a committee specialized in granting the label of an emerging enterprise or Startup, with the introduction of provisions that simplify the requirements and conditions for establishing a simple Joint-Stock Company with the label of a Startup. For the first time ever, the legislator added a number of amendments to the Labor Law and the Basic Law of Public Function in order to give the employee the possibility to invest in the private sector and establish his own enterprise. In addition, regarding the university student, the legislator gave him a chance to prepare a new form of graduation dissertation project about the creation of startup. In this case, this student can therefore benefit from financial support and funding. This would certainly make the university student a creator of new job positions, which will surely help to reduce the unemployment rate.
 The present study aims to carry out an analytical interpretation of the different recent legal texts in order to frame them within the Algerian law.

THE MECHANISMS AGAINST THE ELECTRONIC CRIMES IN THE ALGERIAN PENAL CODE

The spread of modem technology and its uses that affected all the life aspects brought about positive and negative changes and transformations. Undoubtedly, the information revolution and the high techniques it is based on such as the computers and internet left positive effects and made a giant leap for the people’s and states’ lives thanks to the speed and exactitude of these systems. Moreover, these systems allow for storing information and exchanging them easily. Nevertheless, this technology led to many negatives such as the difficulty of achieving the information security due to the easy access to them, and the violation of information and their freedom.
 The technological advance and the spread of the modern communication tools brought about a new form of crimes called the electronic crime. Therefore, the Algerian Legislator intervened against it to provide penal protection for the information systems through making amendments on the penal code to make it respond to the criminal developments in the field of information and communication technologies ICT. Besides, He enacted new laws to guarantee the penal protection to the electronic transactions. In this context, our study shall focus on the protection imposed by the Algerian Legislator on the information systems in the penal code.
 Based on what was said, we raise the following questions: What is meant by the electronic crime? What are the mechanisms set against it by the Algerian Legislator in the penal code? To what extent did the Legislator succeed in fighting the electronic crime with all its forms and, thus, providing an effective penal protection to the information systems? This shall be answered through defining the electronic crime and showing its characteristics in the first chapter, and then identifying the mechanisms set by the Algerian Legislator in the Algerian penal code in the second chapter.

INSURANCE ON THE CIVIL LIABILITY IN THE FIELD OF CONSTRUCTION IN THE ALGERIAN LEGISLATION

Due to big importance of the construction sector, and to achieve the goals of the estate policy in Algeria and the minimal balance between the parties of the construction projects, it is necessary to enact legal provisions and guarantees. In this context, the Algerian Legislator set the civil code, Law 95-07 on the insurance, and Law 11-04 on the estate promotion. Besides, He made the insurance compulsory on the civil liability in the sector of constriction through a set of laws that showed the provisions and the range of enforcement.
 This is what shall be discussed in this paper that sheds light on the provisions of insurance on the professional and decennial civil liabilities in the construction sector. Besides, it shows the control on the insurance activity to protect the interest of the insured and the benefiters of the insurance contract.

PENAL PROTECTION FOR NATIONAL UNITY AND SOCIETAL HARMONY IN LIGHT OF THE DEVELOPMENTS OF ARTIFICIAL INTELLIGENCE, "THE LAW ON PREVENTION OF DISCRIMINATION AND HATE SPEECH IN ALGERIAN LEGISLATION AS A MODEL"

The developments of artificial intelligence, with the increasing number of people using online communication platforms and messaging applications, enabled the continuous and immediate flow of information exchange, and helped speed up communication and access to information, which affected the use of digital tools during political, social and economic crises, as well as in the event of natural disasters and conflicts, In order to distort the facts intentionally or unintentionally, with the aim of provoking strife by influencing members of society and inciting them against each other, and inciting peoples against their governments, which would threaten national unity and social harmony, Among the most prominent forms of this use is the spread of hate speech and racial discrimination through the means of digital communication with an expression that encourages or justifies discrimination, and in various forms that include contempt, insult, hostility, hatred or violence, whether by saying or writing, drawing, signaling, photographing, singing, acting. Or any form of expression under the pretext of freedom of opinion and expression. Hate speech and discrimination ignites the fire of sedition among the people of the same country, and encourages violent practices against certain groups of society, as well as contributes to the commission of crimes against them, such as minorities, political opponents, immigrants, and others, and by using digital means, the matter has become faster and more dangerous. Through this research paper, we will look at the reasons for the escalation of crimes of discrimination and hate speech, especially in light of the developments of artificial intelligence, and show the mechanisms to combat them, as a model for this. We read the provisions of Law No. 20-05 of April 28, 2020 related to the prevention and combating of discrimination and hate speech in Algerian legislation.

Interest in upgrading shadow zones in new investment law of algeria 22-18

The algerian legislator gave a new name to shadow zones, and defined them as regions system, specifying modalities and incentives to invest in them, and approved it in investment law 18-22 after that republic president has been at origin of national efforts to develop them since 2020. The study focused on centrality of shadow zones in the law, and concluded results it motivated investors to orient towards it, like rest of main sectors, and presented a proposals set after having responded to a problem relating to shadow zones development methods by aforementioned law. The study importance lies in its theoretical link between what has been said in president's speeches since 2020 and what has been said in law 18-22.
 Key words: investment law, shadow zones.

Impact of Algeria's Reservation to CEDAW on the Freedom of Muslim Women

It is well established that the international community, and particularly Western society, follows the belief that women, especially Arab Muslims, do not enjoy a measure of freedom, for the reason that they are not considered to have de facto equality with men in rights before duties. This has resulted in suffering regarding all forms of blatant discrimination and this is not in line with the principles preached by the human rights advocated by international organizations and conventions. The latter clearly necessitated the enactment of a convention guaranteeing women's freedom through equality between the rights of women and men and the elimination of all discrimination between them. All this aforementioned discrimination and lack of freedom resulted in the Convention on Elimination. On this basis, the rationale of the present research paper and its objectives aim to shed light on the issue of women's empowerment regarding their rights at both, the level of international conventions as well as legal texts. In addition to this, the Algerian legislator had attempted to reconcile with the provisions of the Convention on the Elimination of all forms such as Discrimination against Women whether through the rules of family law or those rules that are derived from Islamic law.