المجلس الدستوري الجزائري بين أهمية الإصلاحات و محدودية الإجراءات : جرائم المخالفات الجمركية نموذجا

Abstract EN

The constitutional council in the state institutions occupies the status of the state law,as the body that protects the constitution from aggression.

However, the most important role of the Constitutional Council is the element of independence in its human structure.

Infact, the amendementOf 2016, which does not guarantee the principle of inner balance between the authorities, and the subordination of the members of the Council to the executive authority, in addition to the actual exercise of the right of notification by the parties who own this right, from the inability to notify the Council himself for the framework of what is known as “The principle of prohibition of kidnapping”,This is undoubtedly due to the scarcity of the exercise of the right of notification by the bodies provided for in article 187 of the Constitution, since these bodies are themselves the law-makers of the State, particularly the customs laws by virtue of the so-called legislative mandate, CCC-made executive, because of the technical fields,organized by, in this law.

We have proposed as a model of unconstitutionality “prohibiting the resumption of the provisions of irregularities in the rules of customs legislation”, which also applies the rules of the Code of Criminal Procedure, on the basis of opposition to the text of Article 416-2 of the Code of Criminal Procedure, to the text of Article 160-2 of the constitutional amendment, The Constitutional Court of Algeria has not stirred up by the lack of actual exercise of the right of notification and its limited independence in its human form as mentioned above.

Our position does not change this recognition of the special nature of the customs crime In this regard, because, as we have concluded in the field of criminal appeals, the Algerian legislator did not respond to the customization of the customs law, as evidenced by the fact that the provisions of the crime of customs smuggling were also subject to the provisions of the new Code of Criminal Procedure 17-07, The court ruled that the rulings of the Court of First Instance are subject to appeal before the Court of Appeal, because if the Customs Law were to be assigned a special provision in this matter, it would not be difficult for him to do so, as he did in Other matters in The Customs Law, despite its explicit departure from the constitutional provisions, invoked the special nature of the customs crime, unlike the case in the appellate court in the matter of offenses, because the provisions of the customs crimes in terms of appeal are subject to the same rule of general rules of criminal procedure, In its provisions on the generality of the text of Article 160-2 of the constitutional amendment, which leads to the conclusion of the unconstitutionality of the text of Article 416-2 of the Code of Criminal Procedure which applies to the provisions of customs violations, which necessitates redress according to our personal opinion.