قراءة تحليلية و نقدية لأحكام رقابة الدفع بعدم الدستورية في ضوء القانون العضوي رقم 18-16

Abstract EN

The defense of the unconstitutionality of laws is a judicial procedure that establishes post-constitutional control over the constitutionality of legal texts, introduced by the Algerian constitutional founder in the constitutional amendment of 2016, whose name was changed to the Constitutional Court by virtue of the constitutional amendment referendum on 1November 2020, granting litigants the right to challenge an illegal text It is applied to them in the dispute before the trial court because it does not conform to the provisions of the Constitution, and it violates the rights and freedoms guaranteed by the latter.

In order to organize this procedure, Organic Law No.

18-16 was issued, specifying the conditions that must be met in it and a set of procedures that must be respected and followed for the validity of his residence and adjudication.