مساهمة القضاء في تفعيل الدفع بعدم الدستورية في الجزائر

Abstract EN

The subject of the exception of unconstitutionality is one of the most important novelties resulting from the constitutional amendment of 2016.

This device allows the litigant to defend his rights and freedoms guaranteed by the constitution through the relevant laws, by raising a subsidiary objection of unconstitutionality of the legislative provision applied to the proceedings before one of the jurisdictions, being under the ordinary judicial system or the administrative judicial system.

From this point, the objectives of this research high ligh the importance of the role assigned to justice with regard to the activation of the exception of unconstitutionality, provided for by the organic law number 18-16, through undertaking two primordial and complementary stages.

The first stage being its competence to receive the exceptions of unconstitutionality then ruling in the case.

The second is extremely important and focuses on the liquidation process adopted by the Supreme Court and the Council of State depending on the case.

In addition to referring the exceptions that have fulfilled the legal requirements before the Constitutional Council in order to rule on a final decision.