الأثر الفوري لقرارات المجلس الدستوري و الإشكالات التي يثيرها

الملخص EN

It is noted that the founder of the Algerian Constitution resorts to the use of two terms in the activity of the Constitutional Council.

These two terms are expressing an opinion and taking a decision.

It seems that the constitutional legislator did not resort to these terms vainly, but the first thing that comes to the mind is that he granted the Constitutional Council two forms of censorship (one preventive and the other offensive), or what is known as abolished censorship.

However, the above-mentioned censorship is that kind of control that is practiced before the Act enters into force, or before its issuance.

It aims at preventing any offending legislation against the Constitution to complete or acquire the force of law by stopping the process of its issuance.

However, the impact of such censorship does not consider any issues related to the stability of law centers.

In contrast, some confusion is found to arise, in the subsequent censorship, over the law in force before the Constitutional Council.

If this Council decides that these legal texts are unconstitutional, they lose their effects as of the day the Constitutional Council takes that decision, and therefore it cancels these laws and renders them ineffective starting from the day that decision is made, which is inappropriate.