سياسات استقلال القضاء في الجزائر: مكانة القضاء في الدّستور المعدل لسنة 2020

Abstract EN

This study analyses the constitutional status of the judiciary in Algeria by examining whether it constitutes an independent constitutional power, or whether it is closer to a public service that is organically linked to the executive.

The study argues that the judiciary does not constitute a third power because of the role of the President as head of the Supreme Council of the Judiciary and the subordination of Public Prosecution.

The guarantees established by the constitutional Amendment of 2020 represent significant gains at the theoretical level in ensuring the functional independence of the judge.

However, their effectiveness is linked to the will of the political power to promote the independence of the judiciary and to provide the appropriate conditions that safeguard the judge's immunity from any social or political pressure.