أثر نزع الملكية للمنفعة العامة على الأمن القانوني في التشريع الجزائري

الملخص EN

Ownership is a constitutional, natural, sacred right that is guaranteed to every untouchable person.

In order to achieve the public benefit and social interests, the state is forced by its will and the dedication of the powers granted to it, and to give priority to public interests over personal interests so that people are stripped of some of their property to implement projects for the purpose of achieving public interest, which affects the legal security that It works to spread trust and maintain the stability of existing legal centers between individuals in various fields and the clarity of legislation without complications and contradictions.

Expropriation for the public benefit is the biggest threat to these centers by procedures practiced by the administration based on Law 91/11 and the subsequent executive decrees, and these procedures may be permeated with arbitrariness In the use of these granted powers, in addition to the dissatisfaction of the expropriated with the compensation granted, and some ambiguity surrounding the legislation regulating this process, forcing the owner to resort to the judiciary.