ضوابط الدفع بعدم دستورية القوانين أمام القضاء وفقا لأحكام القانون العضوي 18-16

Abstract EN

The pleading of unconstitutionality is considered a mechanism for dimensional control of laws in legal systems, this form of oversight is a novelty of the Algerian constitutional amendment for the year 2016 in Article 188 of it, as it granted the litigants the right to raise the unconstitutionality of a legislative text that violates the rights and freedoms guaranteed by the constitution, on the occasion of a lawsuit Seen.

Where the Supreme Judicial Authorities represented in the Supreme Court and the Council of State, according to the nature of the dispute, refer the defenses raised to the Constitutional Council to decide on its constitutionality, after confirming its seriousness, and Organic Law 18-16 has been issued defining the conditions and modalities for implementing the unconstitutional push, which was more clear about It relates to determining the formal and substantive conditions and controls for making unconstitutionality.

In this study, we will try to address the rulings applied before the trial court and the conditions for accepting payment, in addition to the procedures applied before the Supreme Court or the State Council.