دور اللجنة المصرفية في ضبط النشاط البنكي في الجزائر

Abstract

Since a recent period, instead of intervening in a direct way in the Economy, the State would sooner move its powers toward the independent administrative authorities, among which there is the banking commission responsible for the controlling mission in the banking field. This last has led us to ask on its focus and its role. We found here as an authority , as long as the law does not consider it as an advisory body since it enjoys a power of decision-making, with an administrative character as it exerts the prerogatives of the State. It is independent as long as it remains far from any hierarchical notion, of trusteeship and control. The commission for banking plays, in the purpose of completing the mission of banking supervision, a protective role , in addition to a disciplinary and retentionnary role. The first consists in the power from the control and investigation, based on documents, where appropriate, at the level of financial centers of loans. The second role is to nature concerning the authority to impose sanctions, which do not deprive individuals from their freedom subject to its authority. It also depends on essential warranties. If the banking commission is considered as being independent in a relative way, and does not enjoy of the regulatory authority, however we cannot deny the role that it carries out at national level, with the assistance of the monetary authorities, also on the international level , in the framework of the conventions established with its counterparts through the other States, taking into account the principle of reciprocity. Its aim is the guarantee of the respect of the legal provisions and regulatory, on the part of the institutions of financial loan, be applied on them, including the sanction of the offences or the anomalies proved, the diagnosis of the operating conditions and to ensure the regularity of its financial situation, without forgetting the respect of the rules of good professional conduct. As regards the procedures for appeals in its decisions, one discovers its exceptional nature. Finally, we can say that the commission for banking comes at a higher level, this says that its control is to supervisor character, since it is in the incapacity to intervene in the management of the institutions of financial loan but this control is exercised solely on the effects of its operations in the goal to restore them, and to impose sanctions where appropriate. Given that it enjoys the legal person, the State is responsible in the case where control has proved inadequate and according to the seriousness of the error committed. Also the mission of control enjoys a codification reserved for independent authorities who are involved in the economic and financial field, which guarantees a more concrete effectiveness to the commission banking.