تحديد مدة الحالات الاستثنائية في دستور الجزائر لعام 2020 : حالتي الضرورة الملحة : الطوارئ و الحصار ؛ الحالة الاستثنائية

Abstract EN

The Algerian constitution of 2020 brings a new regulations concerning the extraordinary circumstances, of both emergency and siege.

As well as the exceptional state by determining for both a limited period of time explicitly stipulated in the constitution.

So, the administrative authority has no discretionary power to fixed such a period as it has been regulated in previous constitutions and their amendments.

In this regard, the article 97 of the 2020 constitution stiputated that the state of emergency or siege are declared for a period of thirty (30) days.

Also, the article 98 of the same constitution stipulted that the exceptional state is declared for a period of sixty (60) days.

Taking into consideration that the possibility of extending the period of each of both cases with the approval of the parliament.

Concerning this issue, the constitution did not specify the extension period.

Thus, the administrative authority is free to extend the limited period provided by the constitution.

Hence, the regulation related to the prescribed period in the limitation of exceptional cases is considered as a legal restriction on the executive authority concernig the public order.

This contributes to the implementation of rule and protection of the law.

In the present article, we discuss this new regulations related to the exceptional cases for a limited period of time.

We also stress the importance of such step on restricting the decision-making of administrative authority and protecting the rights and freedoms as well as preserving law in Algeria