Challenges of judicial independence in Algeria

Authors

Keywords:

Executive Authority, Judiciary, Principle of Independence, Domination, Integration, President of the Republic

Abstract

Investigating the concept of judicial independence in Algeria involves more than just examining a controversial issue; it requires an objective analysis of the relationship between the judiciary and the executive authority, represented by the President of the Republic, and the extent to which the judiciary is subordinate to the executive. Addressing the limitations of the judiciary is essential to justify the need for a relationship between the executive and judicial branches. To elaborate on these boundaries, it is essential to evaluate the effectiveness of the judicial system itself, including an assessment of its legal frameworks, as well as evaluating the judiciary from material and moral perspectives. Furthermore, it is important to evaluate the professionalism and independence of judges, who are a fundamental and active element in this equation. 

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References

Constitutional Amendment of 2020, issued by Presidential Decree No. 20-442 on 15 Jumada I 1442 (30 December 2020), concerning the issuance of the constitutional amendment approved in the 1 November 2020 referendum. Official Gazette.

Mahfouz, M. (1993). Administrative Judiciary in Egyptian and Comparative Law, 1st ed., Dar Al-Nahda Al-Arabiya, Cairo, Egypt.

Abid, M. K. (1991). Independence of the Judiciary: A Comparative Study'.

Abdeli, S. (2011). Guarantees of Judicial Independence between Algeria and France, 1st edition, Algeria.

Article 147 of the Penal Code: 'The following acts expose their perpetrators to the penalties prescribed in paragraphs 1 and 3 of Article 144: "Public actions, statements and writings intended to influence the rulings of judges as long as the case has not been definitively decided".'

Article 147, paragraph 2: 'Public actions, statements and writings intended to undermine the authority of judicial rulings or which inherently affect the independence of the judiciary.'

Organic Law No. 04-11 concerning the Basic Law of the Judiciary, dated 6 September 2004. Official Gazette of the People's Democratic Republic of Algeria.

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Published

31-10-2025

How to Cite

Beladjouz, W. (2025). Challenges of judicial independence in Algeria. The International Tax Journal, 52(6), 3103–3110. Retrieved from https://internationaltaxjournal.online/index.php/itj/article/view/307

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Section

Online Access