المعايير الموضوعية للتمييز بين رقابة المطابقة و رقابة الدستورية و رقابة الدفع بعدم الدستورية وفقا للتعديل الدستوري 2016

Abstract EN

This article aims to study the objective criteria in the light of which a distinction is made between conformity control, constitutional control and the control of the exception of unconstitutionality.

It has been found through the analysis of the texts of the 2016 constitutional amendment and the texts of the specific system of the rules of work of the Constitutional Council 2019 that some texts containing some criteria are contradictory in terms of formulation and content.

This necessitates the necessity of amending it to subject some laws to compliance control and some to subsequent constitutional control.

In practical terms, it was also found that most of the views of the Constitutional Council were within the control of conformity, especially for organic laws, and that some of his views and decisions were in constitutional control and that only two (02) decisions since March 2019 related to the exception of unconstitutionality.