نظام عزل القضاة بين نظرة الفقه الإسلامي و مسلك المشرع الجزائري

Abstract EN

While exercising its functions, the magistrate might be facing an embarrassing case for the government.

By result, he could be exposed to many pressures that could lead him even to be the subject of abusive dismissal in case he doesn't enact to its favor.

For this reason we say that it is very necessary to guarantee a protection for the magistrates from such threats.

In this respect, we notice that the Islamic doctrine came first in stating rules that are related to the dismissal of the judges, by assigning the governor the power to take the decision to dismiss any magistrate if he shows evidence of his incompetence or his abuse or his incompatibility with the judiciary function, or if there is someone else more knowledgeable than him.

In fact, we can find nearly the same rules reproduced In the Algerian law that organizes both of the justice function and the high congress of justice, but we note that the Algerian legislator had assigned the revocation power to the high congress of the judiciary; the organ which is composed mostly by magistrates.

Also, through the exam of the aforesaid law, we mark the absence of the quote of the Islam as a condition for the candidacy to the justice function.

All that led us finally to say that concerning the regime of the revocation of the magistrates; the Algerian legislator linked up sufficiently with the Islamic arrangements