اختصاص مجلس الدولة بإحالة الدفع بعدم الدستورية إلى المجلس الدستوري في الجزائر

Abstract EN

After the issuance of the last constitutional amendments issued by the law N°16-01 of March 16, 2016; The Algerian Council of State has now the competence to deal with the exception of unconstitutionality raised before the administrative judicial authorities, and then referred them to the Constitutional Council when the necessary conditions are met, which will result in the involvement of the Council of State in the a posteriori control of the constitutionality of laws, in addition it will strength its role in the protection of rights and freedoms.

However achieving these results effectively depends on the availability of a number of factors.

In this context this article aims to determine the extent of the State Councilʼs effective participation in strengthening the a posteriori control of the constitutionality of laws and in reinforcing its role in protecting rights and freedoms, within the framework of exercising its powers related to the exception of unconstitutionality and that is throught analysing the provisions related to the issue of the exception of unconstitutionality.