آلية الدفع بعدم دستورية التنظيمات في ضوء القانون العضوي رقم 22-19 الذي يحدد إجراءات و كيفيات الإخطار و الإحالة المتبعة أمام المحكمة الدستورية

Abstract EN

The mechanism for the exception of the unconstitutionality is an instrument for the subsequent control of legal and regulatory texts after their entry into force and was first enshrined in the constitutional amendment of 2016 by enabling individuals to raise the unconstitutionality of the legislative provision to be applied to the dispute when it violates their constitutional rights and freedoms guaranteed by the constitution, this is based on a referral by the supreme court or the state council and within the prescribed conditions and procedures, resulting in the exercise of an important role by the judiciary in the constitutional control process.

under the 2020 amendment, Algeria's constitutional founder included the regulations within the scope of the mechanism for the exception of unconstitutionality in order to keep pace with the changes in the work of the competent authorities of constitutional justice and avoid deficiencies in the process of constitutional control, which requires that the regulations be subjected to subsequent control by the constitutional court upon notification by a litigant to permit them to be cleared of defects that arise after their application, thereby ensuring greater protection of the rights and freedoms guaranteed by the constitution.