الإطار القانوني للجنة المصرفية بالتشريع الجزائري

الملخص EN

There is no disagreement regarding the necessity to impose control on banking activity, even if the bodies in charge of this differ from one state to another, and the supervision of the Banking Committee in Algeria aims in particular to protect depositors and prevent bank bankruptcies, as supervision is focused especially on compliance, technical and financial matters, and respect for good conduct The profession and the rules of ethics of the profession, and the committee has special methods of supervision, whereby the Algerian legislator has established means and powers for it to exercise the task entrusted to it, after the advent of the Monetary and Loan Law 90-10.

Preventive measures such as warning, issuing orders, appointing a temporary administrative administrator or the disciplinary penalties prescribed by them against bank managers or those prescribed to banking institutions as a legal person from issuing a warning, reprimanding or limiting the practice of banking activity or withdrawing accreditation followed by the status of a liquidator or financial penalties, all of this considering That the Banking Committee has a special legal nature, from being an independent administrative control authority, with a specific human configuration and a special legal nature charged with controlling the banking field.

However, its work remains subject to judicial oversight, as he can appeal the committee's decisions, all in order to preserve a set of principles in order to make its role more as a controlling authority in the banking field.