خصوصية ضبط قطاع المحروقات في القانون الجزائري

Abstract EN

After the liberation of the hydrocarbon sector in 2005, the Algerian legislator established two sectoral regulation authorities known as “the two hydrocarbon agencies” as two administrative authorities that undertake the task of organizing and regulating the hydrocarbon sector instead of the minister in charge of hydrocarbons.

adopting thus the method of economic control, which requires the collection of the various authorities of regulation, control and punishment in the hands of new bodies, that different from those granted to the traditional administration, and are called independent administrative authorities.

however, despite the creation of these institutions charged with the new functions of the state in the field of regulating the hydrocarbon sector, and responding to the requirements of separating the functions of the state as an economic aid and its tasks as a public authority, the state still exists in its traditional form through the mechanisms of administrative law, which negates any identification of the pattern of its role and the nature of its relationship with the sector hydrocarbons, on the one hand, and on the other hand, the failure to provide the two fuel agencies with the full authorities necessary to regulate the hydrocarbon sector emptied this method of regulate from its legal content, and as a result reduced the effectiveness of the state’s policy in regulating the hydrocarbon sector.