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Item Open Access طرق الطعن في الاحكام الادارية على ضوء تعديل قانون الاجراءات المدنية والادارية 22/13(جامعة المسيلة, 2025) بن شارف فطومLes voies de recours contre les décisions administratives se divisent en deux catégories : les voies de recours ordinaires, représentées par l’opposition et l’appel, dont les principales caractéristiques sont la suspension de l’exécution, et les voies de recours extraordinaires, représentées par le pourvoi en cassation, l’objection d’un tiers étranger au litige et la demande de réexamen ‘qui sont définitives et ne suspendent pas l’exécution. Les principales modifications apportées à la loi n°13/22 relative aux procédures civiles et administratives, modifiant et complétant la loi n°08/09, concernent la création de cours administratives d’appel au second degré, consacrant le principe du contentieux a deux degrés, organisant leur fonctionnement et définissant leurs compétences. Mots-clèsItem Open Access التسريح في قانوف الوظيفة العمومية و قانوف العمل(جامعة المسيلة, 2025) معمري منار; العايب الفالThis study looks at how Algerian laws deal with dismissal from work, by comparing two main laws: the Civil Service Law (Ordinance 06-03) for public sector workers, and the Labor Law (Law 90-11) for private sector employees. Dismissal is an important issue because it affects a worker’s dignity, stability, and the balance of workplaces and society. The study explains what dismissal means, how it is done, and what legal protections are given to workers. It shows that there are big differences between the two systems. In the public sector, the law is stricter and gives strong protections like the right to defend yourself, an investigation before the decision, and the right to appeal. In the private sector, the law gives employers more freedom to end jobs, but there are still rules to stop unfair treatment. The study also found that public sector workers can be dismissed not only for breaking rules but also for things like losing their nationality or not being good at their job. The administrative courts are very important because they can cancel unfair dismissal decisions and give the worker their job back or compensation.Item Open Access محكمة التنازع في النظام القضائي الجزائري(جامعة المسيلة, 2025) زديرة ياسمين; بن داحي الزهراءThe Conflict Court in the Algerian judicial system is considered one of the most prominent aspects of protecting the distribution of jurisdiction between the ordinary and administrative judicial bodies. It was established as an arbitration body under the 1996 Constitution, which established judicial duality and granted this body the task of resolving cases of conflict of jurisdiction between the ordinary and administrative judiciaries, by determining the competent judicial body in the event of a conflict of jurisdiction, whether positive or negative, or a contradiction in final rulings. The Algerian legislator organized the Conflict Court under Organic Law 98_03 related to its competencies, organization and work. The Conflict Court came to perform this sensitive role as an independent body that guarantees the unity of the judicial system and prevents conflicting and contradictory rulings. Thus, it contributes effectively to ensuring the smooth running of the judicial duality system. However, despite this, the activation of its role remains dependent on the provision of human and material capabilities that guarantee the effectiveness and independence of the body, as well as the consolidation of a legal culture among judges and litigants that enhances the value of effective coordination between judicial bodies in order to protect rights and freedoms and achieve justice.Item Open Access حماية الذمة المالية للطفل في القانون الجزائري(جامعة المسيلة, 2025) أكرم جعيجع; عمر شرف الدين بوهديThe Algerian legislator has acknowledged the financial autonomy of the child while concurrently instituting mechanisms to safeguard it. The child's capacity to dispose of their assets is restricted, as contracts they enter into may be deemed null, voidable, contingent upon the approval of their legal representative, or enforceable if exclusively beneficial to the child. The child is subject to the legal guardianship system, which imposes supervision and accountability upon the guardian. Certain acts of the guardian require prior authorization, and the sale of immovable property is confined to public auction procedures. This study, employing both inductive and deductive methodologies, provides a comprehensive examination of these aspects. Findings reveal that the legislator’s distinction between the discerning and non-discerning child regarding limitations on their financial transactions is judicious. Among the principal recommendations is the consolidation of statutory provisions concerning the protection of the child's financial estate within the Family Code, as well as granting the paternal grandfather guardianship rights over the child's assets.Item Open Access حضانة الأم في الفقه الإسلامي وقانون الأسرة الجزائري(جامعة المسيلة, 2025) بتقة العمرية; سخارة اسماءThe issue of maternal custody is important in Islamic jurisprudence and Algerian family law, because of its connection to the child in custody at a sensitive stage of his life, where he needs psychological, physical and moral care, and to the mother who needs her child close to her to satisfy the maternal instinct. Based on that, we have analyzed this issue from all aspects, starting with the mother’s entitlement. For custody, the conditions of its entitlement, and the effects of that, ending with the period of its custody and dropping it, to identify the gaps raised by this issue, especially from its legal aspect We relied on the comparison between Islamic jurisprudence and law in all parts of the research as much as we could, and we followed most of the judicial decisions related to this subject. What we concluded at the end of the research is that the mother has priority over other custodians, but her custody is limited to a period and can also be dropped from her. Due to the presence of many gaps, the matter requires amending some articles, including Articles 62, 64, and 66 C A C Adding other texts to issues that the legislator overlooked, including custody of the sponsored childItem Open Access مجال تطبيق القانون22-18المتعلق بالاستثمار(جامعة المسيلة, 2025) جعلاب نور الدين; جعلاب عبد الناصرItem Open Access خصوصية التحقيق الجزائي في الجريمة المعلوماتية(جامعة المسيلة, 2025) شلالي إكرام; عبد الكبير هاجرCybercrime represents a legal challenge and an evolving reality that requires careful handling within the framework of criminal investigation, due to its complex technical nature and unconventional methods of execution. This has necessitated a re-evaluation of classical crime concepts by defining cybercrime, identifying its elements and characteristics, determining the parties involved — both perpetrator and victim — and examining the motives driving the offender. Investigating this type of crime is a sensitive matter that requires the intervention of specialized judicial authorities, most notably the investigating judge and judicial police, within the bounds of their legally granted powers, while taking into account the challenges posed by the digital environment, which complicates search and investigation tasks. Judicial and technical cooperation at both national and international levels also emerges as a pressing necessity, given the transnational nature of this form of crime . Digital evidence forms a central axis in proving cybercrime, owing to its technical specificity and the need for precise procedures that ensure its admissibility in court, whether during its collection, preservation, analysis, or presentation. All of this must be done while respecting the legal principles governing the legitimacy of evidence, in order to safeguard rights and freedoms. In light of the above, it is evident that effectively combating cybercrime requires continuous development of investigative mechanisms, as well as integration between legal and technical aspects to achieve legal security and ensure judicial efficiency in a constantly changing digital environment .Item Open Access عقد ايجار المرفق العام المحلي في القانون الجزائري(جامعة المسيلة, 2025) فتيحة بوزعرورة; حنان نسال جلود.This dissertation presents a comprehensive study of the Public Facility Lease Contract at the Local Level as one of the administrative delegation methods in Algeria. It explores the conceptual and legislative framework of the lease contract, differentiating it from other public contracts such as concessions and management agreements. The study analyzes the legislative evolution, particularly focusing on Presidential Decree 15-247 and Executive Decree 18-199. On the practical side, the research examines the procedures of contract formation, contractor selection, implementation mechanisms, and dispute resolution. The findings highlight the lease contract as a strategic tool for improving public service management at the local level, though it still faces legal and procedural challenges that require systematic reform.Item Open Access آليات تسيير العقار الصناعي في الجزائر(جامعة المسيلة, 2025) عمار مهدي; شيماء ختيمThe Algerian legislator has surrounded the industrial real estate portfolio with a distinct legal system, considering that industrial real estate is one of the most important factors in the success of the investment process. This system has dealt with the classification and inventory of industrial real estate types, and has clarified the methods of purifying and recovering them. In addition, this system has identified the effective methods for exploiting this real estate through successive legislations related to the systems of concession and assignment. This is evident in comparing the provisions of Order 06-11, Order 08-04, and Decrees 09-152 and 09-153 with the provisions of Law 23-17 on granting concessions convertible into assignments, and Executive Decrees 23-486 and 23-487, all within the framework of the new Investment Law 22-18.Item Open Access ضبط النشاط الصيدلاني في التشريع الجزائري(جامعة المسيلة, 2025) محمادي جيهانThis dissertation examines the regulation of pharmaceutical activity in Algerian legislation, focusing on the sector's transition from a state-run monopoly model to a regulatory framework based on oversight mechanisms within a market economy. The central research question explores the extent to which the Algerian legislator has succeeded in establishing an effective legal and institutional framework that ensures the proper regulation of pharmaceutical products and safeguards public health. The study is structured into two chapters: the first addresses the newly established regulatory actors, most notably the National Agency for Pharmaceutical Products, with its extensive organizational and supervisory powers; the second explores the classical actors, such as the Ministry of Health and the General Pharmaceutical Inspectorate. The findings reveal that, despite notable progress, the current system still requires stronger inter-institutional coordination, legal unification, and modernization of control mechanisms to ensure effective regulation of this vital sector.Item Open Access النظام الميزانياتي للجماعات الاقليمية في الجزائر(جامعة المسيلة, 2025) نزهة بن الصادق; لبنى شيخThis dissertation examines the budgetary framework governing local authorities in Algeria, within the context of recent economic and legal reforms. The study evaluates the system’s effectiveness in ensuring transparent and efficient financial management in line with the principles of decentralization and good governance. Particular attention is given to the implications of Organic Law No. 23-07, and to the shift from a means-based to a performance-based budgeting approach. The research analyzes both the preparation and execution phases of the local budget, as well as the respective roles of the authorizing officer, public accountant, and budget controller. Furthermore, the study identifies key implementation challenges, including insufficient human capacity, limited digital infrastructure, overlapping responsibilities, and weak coordination and oversight mechanisms. The findings underscore the need for legal and administrative reforms, capacity building, and enhanced transparency to improve the system’s overall performance.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.