دعوى الدفع بعدم الدستورية في ظل التعديل الدستوري لسنة 2016 : استئناسا بالتجربة الفرنسية

الملخص EN

The control of the constitutionality of laws is essentially a legal action aims to ensure that the law with the provisions of the Constitution and whether committed legislative authority within its competence or surpassed, the constitutional censorship laws as one of the main pillars of the creation of the state of right and law, and is one of the most important means to ensure the protection of the rights and freedoms of individuals from any encroachment On the basis of the constitutional amendment in 2016 passed disputing individuals in a proceeding pending judicial appeal against the constitutionality of laws which violate the rights and freedoms guaranteed by the constitution before the ordinary courts, and the competence of the Council of State if the lawsuit filed before the administrative tribunals, or of the court of cassation if the lawsuit filed before the ordinary courts in to refer the appeal to the Constitutional Council or not.

That our reading of the mechanism for a constitutional motion in legislative texts and the palace of the External Auditor unconstitutionality of the rights and freedoms of constitutionally guaranteed like the French legislator which confined in these elements mentioned, that the Algerian legislature has not issued the laws governing this mechanism and postponed to 2019.