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Item Open Access رقابة المحكمة الدستورية للعملية الانتخابية بالجزائر(جامعة المسيلة, 2025) بن دقفل طيب; طالب عبدالرحيمThe present study aims to understand and analyse the supervisory role of the constitutional court in the voting process in Algeria in the light of what was or has been stated in the constitutional amendment in 2020.It also intends to know to what extent this role is effective.To achieve so,the study sheds light on the different constitutional specialities offered to this constitutional authority as well as its working mechanisms In order to investigate this problematic ,the first chapter touches on the organisational and the functional framework of the constitutional court.By the end of this study,we come up with some findings and a set of recommendationsItem Open Access التربية والحضانة في حالة النزاعات الأسرية(جامعة المسيلة, 2025) بختي رزيقة; شبلي يمينةItem Open Access خصوصية التنظيم القضائي في التشريع الجزائري(جامعة المسيلة, 2025) محشوش حورية; مختاري سميرةThis study seeks to highlight the effectiveness of judicial structures in Algeria in adjudicating dis-putes, including complex cases that require specialized jurisdictions and appropriate procedures. The justice sector has witnessed significant efforts by the Algerian legislator to modernize the judi-cial system, gradually moving away from the French model and establishing legal rules that align with the specific characteristics of Algerian society. The study adopts a descriptive and analytical approach, in addition to the historical method, by examining the stages of development that the ju-dicial organization has undergone. The judicial organization in Algeria consists of the ordinary judiciary, which includes courts of first instance, courts of appeal, and the Supreme Court, and the administrative judiciary, which includes administrative courts, administrative courts of appeal, and the Council of State. The judi-cial system also includes the Conflict Court, which plays a crucial role in resolving jurisdictional conflicts between the ordinary and administrative branches. The findings of the study reveal that the legislator has diversified judicial structures and established specialized judicial poles, while also emphasizing the training and qualification of judges to en-hance the efficiency and professionalism of the judiciary in handling various types of cases.Item Open Access الأسهم في شركة المساهمة(جامعة المسيلة, 2025) أحمدمزاودConsidering that capital companies have a special and distinctive nature different from partnerships, and that the joint-stock company is the most suitable example of capital companies, which aims to pool funds for profit, and that shares represent negotiable certificates as a primary feature and are indivisible according to what the Algerian legislator has adopted, contrary to some other legal systems. Capital companies have full freedom to dispose of their shares, such as selling them to increase their capital, and the shares can be transferred by all means of trading. Shareholders enjoy their ownership rights under the conditions proposed by the company. Any change made unilaterally by shareholders, such as withdrawal, affects the composition of the company, unlike partnerships where the partnership contract leads to dissolution; rather, it impacts the company's economy, especially if the withdrawing partner’s contribution is of high value. Referring to the great importance of capital companies in the advancement and prosperity of the national economy, the legislator must reconsider some laws to amend them and necessarily add some mandatory legal provisions to avoid potential issues in the near future.Item Open Access نية الاشتراك كركن في عقد الشركة(جامعة المسيلة, 2025) بن سالم يمينة; بن ناصر الهامThe concept of "Intention to Participate" (affectio societatis) is considered one of the essential specific pillars on which a company contract is based. It reflects the mutual will of the partners to cooperate and achieve a shared interest. This element has sparked significant doctrinal debate, especially regarding its legal nature and whether it constitutes an independent pillar or falls under mutual consent. Despite the absence of an explicit legal definition, jurisprudence has relied on this intent to distinguish company contracts from other legal forms such as co-ownership or loans. The intention to participate plays a fundamental role throughout the company’s life cycle—from formation to operation and even dissolution. It serves as a key criterion for recognizing the actual existence of a company and for differentiating between a genuine partner and a mere investor. Thus, this paper recommends that Algerian legislators provide a clear legal framework defining and regulating this concept.Item Open Access دور الرقمنة في تعزيز الشفافية ومحاربة الفساد في الإدارة العامة الجزائرية(جامعة المسيلة, 2025) بقريش عبد الحكيمDigitalization is considered a modern administrative approach aligned with the advancements in digital technology .Its implementation in administrative work has contributed to enhancing work efficiency, simplifying procedures ,accelerating processes, and improving service delivery. Furthermore, it has played a significant role in combating administrative corruption by promoting transparency and data accuracy, thereby facilitating the tasks of public officials and civil servants. The application of digitalization has become an inevitable necessity, as evidenced by the digital transformation of various public services, such as the digitalization of municipalities, the justice sector, the postal and telecommunications sector, among others. This progress has been made possible thanks to the political will of the Algerian State to pursue digital transformation.Item Open Access الآليات القانونية والمؤسساتية لمكافحة الفساد في الجزائر.(جامعة المسيلة, 2025) حتوت فوزي; خليلي سماحThis memorandum dealt with Algeria's endeavors in the framework of combating and preventing corruption, whose features became clear after the issuance of a law on the prevention and fight against corruption, the aim of which was to frame legal mechanisms, including those related to the preventive aspect, including the penal aspect, and institutional mechanisms that were translated into a group of specialized institutional bodies and other supervisory bodies, some of which have become constitutional value under the constitutional amendment of 2020, which was studied with a descriptive approach, and the purpose of this study was to evaluate the effectiveness and effectiveness of These legal and institutional mechanisms, according to an analytical approach, have led us to the conclusion that despite the legal and institutional framework set by the Algerian legislator in the field of preventing and combating corruption, it has remained mostly formal on the one hand, and on the other hand, it is permeated with a number of shortcomings, whether in legal application, drafting texts or institutional independence, which necessitates the need to activate legal texts on the ground, as well as to review the confusion that permeates them, in addition to granting independence to these bodies and institutions and coordinating between them.Item Open Access نظام التفویض الإداري و تطبیقاته في الإدارة الجزائرية(جامعة المسيلة, 2025) فرجاوي یحي; خضراوي يوسفAs the state evolved from a "watchman state" into an "interventionist state," its functions and responsibilities expanded considerably. This shift led to the emergence of what is known as the system of administrative delegation, introduced to facilitate the smooth operation of the state's administrative functions. The delegation of administrative authority is viewed as a mechanism to mitigate strict centralization, allowing a superior official to transfer part of their competences to a subordinate. The implementation of this system, however, is conditional upon the existence of a legal framework that explicitly permits it, and it must be regulated by specific legal provisions that distinguish it from other comparable administrative systems. Algeria serves as an example of a country that has adopted this dual-path organizational approach, applying it in various forms across its public administrations and institutions.Item Open Access حق العدول عن التعاقد وفق القانون المدني والقانون 18-05 "المتعلق بالتجارة الالكترونية - "(جامعة المسيلة, 2025) ضبابي لينةThe right to withdraw from a contract is one of the most effective mechanisms for ensuring the protection of the weaker party in a contractual relationship. Given the evolution of consumption patterns and volume, which has led to increased risks threatening consumers, especially in light of the spread of ecommerce, general rules are no longer able to provide the necessary protection intended by the legislator. Comparative legislation has addressed the right to withdraw and explicitly stipulated it. Several laws were issued to protect the consumer, including Law No. (18- 05) related to electronic commerce, and also the Consumer Protection and Fraud Suppression Law, which came to enhance consumer protection in the provisions of Article (19) of Law No. (18-09), which states: “Revocation is the consumer’s right to withdraw from purchasing a product without justification.” However, regulatory texts addressing this issue have not yet been issued. This issue has been regulated in comparative legislation, with specific controls and provisions established for it. Algerian legislators have followed this approach by recognizing the right to withdraw from a contract.Item Open Access مجالات تطبيق تشريع الصفقات العمومية الجديد 23/12(جامعة المسيلة, 2025) جعيجع زين العابدين; حفاف خليلThis thesis examines the provisions of Algerian Law No. 23-12 of August 5, 2023, governing public procurement and public service delegations, which replaced Presidential Decree No. 15-247. The study aims to define the scope of application of this law in terms of the relevant public entities and the contracts it covers, while offering a comparative analysis with the previous legal framework. The findings indicate that the legislator intended to establish a delicate balance between legal transparency and economic flexibility, particularly concerning public enterprises with commercial status. Nonetheless, the key challenge remains the effective implementation of these rules through rigorous oversight and appropriate institutional support.Item Open Access صلاحيات المحكمة العليا ومجلس الدولة في الدفع بعدم الدستو رية(جامعة المسيلة, 2025) بن حباس فاطنة - حمريط ايمانThe objection of unconstitutionality in the Algerian legal system highlights the pivotal role of the Supreme Court and the Council of State, as both serve as decisive bodies in filtering such objections before they reach the Constitutional Court. Once the objection is raised before the trial judge, the Supreme Court or the Council of State examines whether it fulfills the formal and substantive conditions, particulشء arly the seriousness requirement, while allowing the parties and the Public Prosecutor to submit their observations. If the conditions for referral are 81 met, a decision is issued to transmit the objection to the Constitutional Court, and the original proceedings are suspended until a ruling is rendered. The importance of the powers granted to these two institutions lies in their role as a crucial link in maintaining the balance between protecting individual rights and preventing abuse of the objection mechanism, thus enhancing the effectiveness and selectivity of the ex post constitutional review process. Accordingly, this study aims to clarify the nature of the unconstitutionality objection mechanism in the Algerian judicial system and its governing rules, as well as the procedures for its application, starting from lower courts in order to identify the specific powers of both the Supreme Court and the Council of State in this process. The study adopts both a descriptive and an analytical legal methodologyItem Open Access دور العقار الاقتصادي في جذب الاستثمار(جامعة المسيلة, 2025) سراي تقي الدينThis study aimed to determine the role that the economic property is entrusted in providing and creating an investment climate, in addition to trying to unveil the strategy of the Algerian legislator in attracting and attracting national investments from it and foreign, by relying on the descriptive approach to introduce concepts under study, as well as the deductive approach based on the generalization towards allocation, and the use of analysis as a tool to dismantle legal texts, where through the above This study carried many results, including that the economic property exceeds that it is just a ground on which investment projects are established, but rather it has economic, social and even political dimensions, and the Algerian legislator's strategy in organizing and conducting the economic real estate appears in accordance with legal, administrative and technical standards, and among the proposals we have registered we mention avoiding the focus of investment projects in some states, especially those that witness an increasing demand, and grant the private sector More freedom in the process of organizing and running the economic real estate, and these policies will enhance the investment movement in Algeria.Item Open Access اثار هامش الافظليةعلى على مبدا المنافسةفي عقودالصفقات العمومية(جامعة المسيلة, 2025) قاسمي أنورThis dissertation examines the impact of applying the preference margin on the principle of competition in public procurement contracts, by analyzing the legal and regulatory framework governing the relationship between the two principles under Algerian law, particularly Law No. 23-12 of 2023. The study explores how to balance the requirements of transparency and equality with the need to protect the national economy and promote local products, supported by comparative experiences that illustrate the mechanisms for achievingItem Open Access مكافحة جریمة المضاربة في التشریع الجزائري(جامعة المسيلة, 2025) اية لويفيIllegal speculation in Algeria is a pressing economic and legal issue that directly affects market stability, consumer prices and public trust in fair trade practices. In recent years Algerian authorities have intensified efforts to combat speculative practices by introducing stricter legal measures and increasing market surveillance. Which prompted the release of Law No. 21-15, which targets all forms of unlawful speculation and market manipulation. This research aims to shed light on the legal framework in place to combat such practices, and evaluate its effectiveness in deterring offenders. And through these measures Algeria aims to restore market integrity and protect the purchasing power of its citizens.Item Open Access تحديات استرداد الاموال المحصلة من جرائم الفساد(جامعة المسيلة, 2025) بن هني امالThe recovery of funds obtained from corruption offenses is one of the major challenges facing states in thier offorts to fight corruption and promote the principles of transparency and integrity .this process is complex , as it intertwines legal and poltical aspects with modern technical and technological developments , allowing corrupt individuals to exploit legal loopholes , safe habens and digital technology systems to hide funds and transfer them across brodresin complex ways that are difficult to trace. These obstacles directly affect the effectiveness of recovery actions and make it more difficult to seize illicitly obtained funds. Despite the existence of legal frameworks and multiple international agreements aimed at enhancing judicial and financial cooperation between countries , the lack of political will and weak international coordination are among the most prominent obstacles to achieving tangible results. The recovery of stolen assets is not only limited to recovering financial resources for the state , but also has a positive economic , social and legal impact by supporting the state treasury , funding development projects , consolidating the rule of law , and enhancing citizens confidence in state institutions. Addressing these challenges by enhancing international cooperation , modernizing national legislation to meet international standars , and adopting modern technologies such as artificial intelligence and digital surveillance tools are imperative to achieve effective and sustainable recovery of stolen funds and combat corruption more efficiently.Item Open Access دور الضبط الاداري في مكافحة المضاربة(جامعة المسيلة, 2025) بتة دعاءThis dissertation examines the role of administrative regulation as a key mechanism for combating illicit speculation, considering it one of the main tools used by the state to preserve economic public order—especially in light of the rise of this phenomenon, which threatens market stability and citizens’ purchasing power. The study covers the conceptual aspects of administrative regulation and speculation, and analyzes the practical mechanisms employed by public authorities, both at the central and local levels, to confront this economic crime. Particular focus is given to the legal framework governing this issue, especially Ordinance No. 21/15 dated December 8, 2021. The dissertation concludes that the effectiveness of this mechanism depends on the clarity of legal texts, the quality of coordination between various entities, the availability of sufficient oversight resources, and the active involvement of civil society. It ends with recommendations aimed at enhancing the effectiveness of administrative regulation and ensuring the stability of the national marketItem Open Access متطلبات الاستثمار في المجال السياحي كآلية لإنعاش الاقتصاد الوطني(جامعة المسيلة, 2025) حدباوي علي تاج الدين; شدادي صلاح الدينThis study aims to highlight the importance of tourism investment as a strategic alternative that contributes to diversifying income sources and revitalizing Algeria’s economy, moving away from excessive reliance on the hydrocarbon sector. The research analyzes the current state of tourism investments and evaluates their impacts on the economic, social, and environmental levels. A descriptive-analytical methodology was adopted, covering both the theoretical and legal frameworks of tourism investment and sustainable development, with particular focus on Investment Law No. 22-18, which was introduced to improve the investment climate by facilitating procedures and offering incentives to investors. However, the practical implementation of this law still faces several challenges, including weak coordination among public stakeholders and insufficient training in the tourism sector, further complicating the investment environment in this vital field. The study also analyzed statistics related to various tourism projects, revealing a clear gap between the available tourism potential and the actual volume of investments. It concludes by recommending the development of a comprehensive strategy to enhance tourism investment through legislative reforms, administrative simplification, and improvement of the business environment to ensure inclusive and sustainable tourism development. Keywords : Investment, Tourism, Tourism Investment, Investment Law 22-18, Economic Development.Item Open Access حدود حجية المحاضر الجمركية(جامعة المسيلة, 2025) ياسمين بعجي.Customs reports, with their official status and evidentiary force, constitute a cornerstone in the establishment of customs violations, and a fundamental pillar in initiating proceedings. Within the customs domain, they are deemed conclusive evidence, relied upon by courts and administrative authorities alike. However, this strength-despite its weight-is not left unbounded by the legislator. Rather, it is encircled by strict legal constraints, allowing for challenges through nullity, forgery claims, or counter-evidence, in order to safeguard rights and uphold the balance between state authority and the right to a fair defense.Item Open Access تنظيم التلقيح الاصطناعي في الفقه الاسلاميوالقانون الجزائري والفرنسي(جامعة المسيلة, 2025) طاهر قليلThis study sheds light on the effective methods developed by modern medicine to treat reproductive problems (infertility), namely artificial insemination (AI). The remarkable results it has yielded have contributed to the continuation of marital relationships and the stability of families. It also highlights the associated problems, particularly regarding the permissible and illicit forms of AI and its conditions, proof of parentage, surrogacy, surplus embryos after implantation, zygote freezing, surrogacy, embryo transactions, and their destruction. It also examines how Islamic jurisprudence, Algerian law, and French law regulate these issues, adopting a descriptive, analytical, and comparative approach. The study concludes that Algerian law has adopted Islamic jurisprudence regarding permissible forms of AI, while French law has expanded on this issue. Among the recommendations emerging from the study is the need to criminalize and punish violations of Article 45 of the Algerian Family Code by the Algerian legislature.Item Open Access تجسيد مبادئ التنظيم القضائي في المادة الإدارية(جامعة المسيلة, 2025) عبد النور دغفل; يعقوب سرايThis study aimed to shed light on the embodiment of judicial organization principles within administrative law, by analyzing the development of the administrative judicial system in Algeria, particularly in light of the reforms introduced by the 2020 constitutional amendment. The study found that these principles form the cornerstone for ensuring justice and upholding the rule of law, resulting in significant reforms such as the implementation of the two-tier litigation system and the independence of administrative courts. It further highlighted the importance of establishing key principles such as equality, adversarial proceedings, and judicial dualism in administrative matters. The study recommends strengthening legal safeguards, simplifying procedures, digitizing judicial processes, and improving the training of judges and lawyers specializing in administrative law to enhance the effectiveness and quality of administrative justice.