تنظيم الجهاز الاستشاري لمجلس الدولة الجزائري و أثره في فعالية الاستشارة : دراسة مقارنة

الملخص EN

The theme of the organization of the State Council in the terms of reference of the advisory is of great importance in the activation of its advisory role as a contributor in the legislative process, Rather, it is considered the rule and the basis which his advisory function is based, the effectiveness of these terms of reference is closely related to the efficiency and effectiveness of the structural organization of the Council of state in examining and analysing the legal texts consulted.

The Algerian legislator has been interested in organizing the advisory body through Organic Law No.

98-01 related to the State Council, as it was divided into two bodies, the General Assembly and the Standing Committee, this law would be amended by Organic Law No.

18-02 that united the two bodies into one body called the Consultative Committee.

The aim of the study lies in knowing the efforts of the Algerian legislator in organizing the advisory body in proportion to the field of consultative competencies of the State Council, this is in comparison with the various comparative systems, in order to benefit from the pioneering experiences in this field.

One of the findings of this research is that the issue of the organization of the Council of State in its advisory terms of reference is essential to achieving the effectiveness of the consultation, but it has not received sufficient attention from the Algerian legislator compared to comparative systems.