فعالية النظام القانوني للاطلاع على الوثائق الإدارية في الجزائر

Abstract EN

Usually, the emphasis is placed, when evoking the subject of material access to the law, on access to the material supports of legislative, regulatory or even jurisprudential standards.

although full access to the law cannot be achieved without access to administrative documents, due to their contents encompassing the details of the interpretation and application of legal provisions by the administration, and the recognition of rights of the administrators.

however, the legal system of access to these documents in Algeria suffers from a lack of effectiveness due to the multiple gaps and areas of ambiguity that characterize it.

a void appears strongly in the access decree, both in terms of the clear definition of the scope of accessible documents, or in terms of the conditions for exercising this possibility.

and there is ambiguity in determining the liability of civil servants and public officials for obstructing access to administrative documents, in particular in terms of the distinction between the requirements of professional secrecy and the right of access to this type of documents.