الحماية القانونية للبيئة من مضار المؤسسات المصنفة لحماية البيئة في الجزائر

Abstract EN

The aforementioned text is the fifth preamble paragraph of the Algerian constitution in its latest amendment of 2016, in which the constitutional legislator declared Algeria'scommitment to building an economy free of competition in the context of environmental preservation.

This makes the legislator subject the establishment of institutions and facilitiesthat are harmful to the environment - called the institutions designated for the environmentprotection - to the need to obtain a prior administrative license granted after the study of the impact or study of the risk which illustrates the consequences of the exploitation of the institution on the environment, and the possibility of restoring the situation; prior to the project initiation, and after a public investigation by the competent administrative bodies in the field of the environment.

The legislator’srequirement for investors to obtain prior licenses is not intended to restrict the freedom of investment and industry, but rather to protect the public order, the security of property and persons, the preservation of natural resources, public property, health and the environment.

Every person is free to engage in any trade, technical or craft profession that is suitable for him.However, provided that it does not cause harm to others, especially in our present era in which economic activities are heavily polluting, it may be impossible without taking the necessary precautions to repair the situation if the necessary preventive measures are not taken.