الآليات القانونية لاستعمال تكنولوجيات الإعلام و الاتصال في الإدارة العامة الجزائرية

Abstract

As a legal study in terms of the administrative law, the public administration and the territorialisation of laws, this study entitled “the legal instruments in using information and communication technologies within the Algerian public administration” in other words “the electronic administration” or “EAdministration” or more precisely “the electronic public administration”; is the subject of a legal research in a new and modern field from a technical and legal perspective. Technically speaking, the use of information and communication technologies like Internet and their introduction in the public administration is very recent. Legally, the transition of executing the human action in an electronic form especially in managing public affairs will engender the need of legislating laws, setting up organizations and creating legal instruments to frame this new form of action. It is worth to mention here that all the legal studies figuring out this theme were analytical studies of texts which talked about the electronic action in general, especially the international e-commerce. However, the diversity of the legal studies in the science of administration, the public administration and the public administrative action have encouraged deep studies on how to use information and communication technologies as in the electoral process. What remains is the trial to surround “the legal instruments to use ICT in the Algerian administration” which stands as a real challenge in the case of Algeria, considering the absence of complete thematic studies and the status of these technologies judged to be new and recent in this country. Because of all these reasons, causes and difficulties, the choice of a comparative study seems to be the most suitable. On the international level, we compare texts from the UN and the UNCITRAL. On the territorial level, we compare legal texts and mechanisms as in the case of The Arab League. Then, on the national level we compare legal instruments. Chapter one of this research studies the influence of the administrative science in business and private economic companies on the public administrative action. Then the study of the notion of the “administration”, its characteristics, administrative process elements, the evolution of the functions of the administrative operation in the private field and its effect on the evolution of the public administration and the functions of the public administrative action. The second part of this chapter “the study of the electronic public administration” begins with researching the evolution of the electronic administrative action in the private field and managing affairs, then its influence on the public administration. In chapter two of the research, the study evokes the legal frame of executing the public administrative action in its electronic form in Algeria. The first part talks about UN texts and model-laws in the electronic action, the second part talks about the national legal instruments which guide the electronic administrative action in Algeria.