مبدأ حرية التجارة و الاستثمار و المقاولة في القانون الجزائري

Abstract EN

The topic of this article is around knowing the principle of freedom of trade and investment, which was largely marginalized in the sixties, but due to the importance of this principle and in order to establish the market economy system, the Algerian legislator devoted it explicitly after the issuance of the 1996 constitution.

This principle came in the text of Article 37 of it, under the formulation of (the principle of freedom of trade and industry) ensuring the principle of equality between the national and foreign investor.

It was reformulated to the principle of freedom of investment and trade in the constitutional amendment of 2016 under Article 43 of the Constitution in which freedom of investment and trade is recognized and exercised within the framework of the law.

The latest amendment wasstated in the new constitutional amendment issued on December 30/12 2020, in the text of Article 61, which states: “The freedom of trade, investment and enterprise is guaranteed and is exercised within the framework of the law.

”This study aims to know the content of this new constitutional principle that came in the text of Article 61 of the Constitution and what are the legal additions that the legislator brought in the new formulation of this principle.