الهيئات الإدارية المستقلة في الجزائر

Abstract

It is commonly known that the regulation means the organization of the market. Nevertheless the concept of regulation has many meanings and different uses, that's why it is enigmatic as for the public authority as the researchers what makes its definition difficult. However, the idea of regulation includes the perpetuity of the public intervention, but this must happen in an organizational and developed way, in order to allow the state to establish a market while ensuring the public service. By the regulation, the state is neither a pilot nor an operator, but it has the position of a referee or the planner of the economic game who sets rules for the operators and compels them to follow it. The use of this function needs the availability of several conditions as the modification of the state structure which is illustrated by the implementation of regulation’s devices. For that, the state and its administration seem to be in an exterior position concerning the economic game; this latter permit to keep the great balances and other conditions. This function is done by the law. The reconsidering of the legal means of intervention should be done through the economic analysis in order to allow to the public authority to adapt with the complex mechanisms of the market. The organisms of regulation were created in Algeria by this context; the opening up to the competition was as powerful tool for its creation. Their development seems to be the answer to the development's need and the adaptation of the public intervention, which has contributed to change the public activity as a sector regulation. So, is it possible to rely on this new concept of the state? In fact, we can not exaggerate because we can not conceive the organisms of regulation away from the political- economic and social system where they were been created and developed, In view of the concept of non-specific capitalism that has arisen from monopoly and practical deviations from the transformation or transition)from socialism to the market economy). In this context, the political will – which is besieged in the interior and the exterior – could not be free from this dilemma, but rather it will spontaneously continue to create a formal legal system, this is reflected negatively on the regulation’s function, instead it should has a counterweight to face all irregularities and violations of the market, its content is reduced in simple dimensions, It is possible to clarify that objectively through the degree of the independence of these structures which are developing in the state as Algeria that cannot give up its dominant character, which makes us in front of the executive authorities’ extensions, and these organisms will be only a strange addition to the traditional structure of the state. In the other hand, this technique of the public management (via the structures of regulation) is a feature for a state who reached the post modernism step. However, Algeria is still developing. So this unspecified ideology of modernism contributes to make the public authorities unable. The repetition of this concept means that the political will is unstable, because researching for modernism cannot be realized only by; methodological transformations related to the deep reform of the state. It means that the systemic transformations must have a close link with the technical transformations because the governance and the regulation cannot be disassociated. Finally, these elements needed to be researched and analyzed in view of its importance in a coherent and credible system. So, this research is included in this context.