ضوابط آلية الدفع بعدم دستورية القوانين في الجزائر

Abstract EN

The constitutional amendment of the year 2020 approved in referendum of 01-11-2020 undoubtedly included necessary reforms, especially important reforms related to the constitutional court, which clarified its powers, composition and rules of operation which will lead to a profound shift in its legal nature and its primary role in organizing constitutional powers and legal protection of basic rights and freedoms under the rule of law, and the introduction of the individual appeal of unconstitutionality is among the many major reforms that have affected the constitutional council, and thus the litigant possesses a tool that allows him to file a lawsuit judicial against a law of questionable constitutionality.

indeed, according to article 195 of the 2020 constitution, the constitutional court can be notified of a unconstitutionality defense based on a referral from the supreme court or the state council, when one of the parties to the trial claims before a judicial body that the legislative ruling on which the dispute's money depends violates the rights and freedoms guaranteed by the constitution.