المؤسسة القضائية في الجزائر بين الوظيفة والسلطة.

Abstract

This research is about to the reality of the judicial institution in Algeria, if it is characterized by the description of the function or that of authority and Independence. - The student, through his research carried out the study of the Judicial institution in Algeria by two stages: 1 - THE FIRST PHASE : from the period of independence to the year of (1989), and the one known by the name of the time of uniqueness (the time of the Unique Party) , So called: epoch of the First Republic according to the writer Said BOUCHEAIR in his book: Algerian Political Regime. - At this stage, the student has dealt with the most important domestic legislations, by which the reality of the Algerian judicial institution was enacted, and in virtue he showed the real character of the Judicial Institution, and this in Beginning with the constitution (10/09/1963), and ending with the constitution (22/11/1976). As well as the rest of the laws organizing the Algerian judicial institution, and in particular the law relating to the judicial division in Algeria under Ordinance No. 65/278 of 16/11/1965, as well as Ordinance No. : 65/279 implementing the same Ordinance. And then he also dealt with the status of the jurisdiction pronounced under Ordinance No. 27/69 of May 13, 1969, in addition bearing the status of jurisdiction the law of the superior council of magistrate. Taking into consideration also the announcement of 19 June 1965 and the institution of the Revolutionary Council pursuant to Ordinance No. 10/07/1965, after having frozen the provisions of the Institution 1963, Invocation of the former President (Ahmed BENBELLA) to the text of the article (59) of the constitution, and the freezing of the acts of the institutions of the state, and then there was absence of the judicial institution. Until the aforementioned law of division of Judiciary belongs, and how the Minister of Justice holding the Judicial provisions had the entire role of intervening in the work of the judicial institution submitted without independence and without power. And as such is enshrined in the Constitution of 22/11/1976. By implicit declaration that this is one of the functions of the state and that the Judiciary are in fact scientific only civil servants subject to the provisions of the Civil Service only. 2 - THE SECOND PHASE: It dealt with the reality of the Algerian judicial institution through successive institutions and through the statutes of the Judicial Institution during the period of Pluralism, From the first Constitution devoted to the Algerian Political Rules, and it is the Constitution (23/02/1989), of which it implicitly stipulated that the Judicial institution in Algeria has become authoritarian and independent and whose Judicial Power does not Subject to the law. And then the beginning of the dedication of the principle of the independence of the Judicial Authority in Algeria in accordance with the provisions of the seventh conference of the United Unions. Which took place in Milano (Italy) in 1985, and bearing the principles of the independence of judicial authority. - It was the declaration which adopted the recommendations of the global announcement of the independence of the justice emerging by the conference of the United Unions which took place in 1983 in Montreal (Canada), known by the name Of the announcement World of Justice. - Coming after the constitution of (28/11/1996) which also brought new ideas with regard to the independence of the Algerian Judicial Institution, and it also adopted the methodology of the mixity of Justice (Ordinary and Administrative Justice). This procedure counts a gain for the Judicial Institution in Algeria, and by virtue of the latter, the Courts of Justice and the Council of State were created, as well as the Court of Litigation. It also dealt with the Statute of Justice 89/21 established on 12/12/1989, of which it is the supporting law, as well as the statute of justice, the law of the Supreme Court, its prerogatives and its formation. The Status N ° 04/11 and 04/12 established on 06 September 2004, of which the first bearing the status of justice and the second bearing the law of the superior council of magistrate, of which they are the organic laws that they are established as well In the area of the Judicial Institution as of the constitution (28/11/1996The researcher student ended with the constitutional modification of the year (0016) established under Law No. 16/01, and granted by the members of the Popular and Communal Assembly, And the parliament on (06/03/0016). It is the constitutional amendment that the Algerian people have waited for a long time, starting with the speech of the President of the Republic on 15/04/2011 and by which he promised the Algerian People by new Restorations by which enshrines the freedom of expression and the protection of rights and freedoms in a more appropriate way according to the law of the "" State and human rights. - And by the same constitutional amendment, the student researcher has dealt with the new provisions of the Constitution (2016), especially with regard to the judicial institution. Notably the provisions in its article 156. Carrying the expression of the president of the Republic for the independence of the Justice. By what has been presented and on description of the laws and constitutions Algerian consecutive, and on the international principles of the independence of the judicial authority. The reality of the judicial institution in Algeria has been the subject of legislation if it is oriented towards independence and authority, or it remains in its place, and remains as a functionary institution only. In arriving at all the missing that the Judicial institution suffers from, and then the pronunciation of some recommendations to make the Algerian legislators consider them to give the right placement to the Algerian Judicial Institution to construct a legal state, a state of the freedoms And human rights.