مدى التزام المجلس الدستوري الجزائري بمتطلبات الطابع القضائي للدفع بعدم الدستورية من خلال نظامه الصادر في 2019

Abstract EN

This article aims to study some problems resulting from the judicial nature of the exception of unconstitutionality.

It was clear from the analysis of the Organic Law No.

18-16 and the specific system for the rules of work of the Constitutional Council issued in 2019, the trend towards applying the judicial nature (the constitutional lawsuit) before the Constitutional Council.

However, the council, through the specific system of its work rules, did not adhere to all the principles and rules of that lawsuit: such as equality between the parties to the case, the public hearings, waivers or expiry of the claim, judgment within the limits of the request and the disqualification of a judge.