THE NEWLY ESTABLISHED CONSTITUTIONAL MECHANISM FOR PREVENTION AND COMBATING CORRUPTION IN THE ALGERIAN CONSTITUTION OF 2020 AND LEGAL TEXTS

Main Article Content

DAIM NAWAL, DERRAR ABDELHADI

Abstract

As stated in the preamble of the constitutional amendment for the year 2020, the Algerian state has been and continues to be committed to preventing and combating corruption. To achieve this goal, it has worked on enhancing its efforts in this field and establishing a conducive environment for public life and combating various forms of corruption. This was achieved through the introduction of a new mechanism, in place of the National Authority for the Prevention of Corruption, known as the Supreme Authority for Transparency and Corruption Prevention. This mechanism aligns with the provisions of international agreements ratified by Algeria regarding the prevention and combating of corruption. Subsequently, the legal text regulating this authority was issued, encompassing its various powers and strengthening its essential role in promoting transparency and preventing corruption at both domestic and international levels.

Article Details

Section
Articles

References

Dictionaries:

- Khalil Al-Jur, "Larousse Modern Arabic Dictionary," Larousse Library, Paris, 1973.

Publications:

- Essam Abdel Fattah Matar, "Crimes of Administrative Corruption – A Comparative Legal Analytical Study in Light of International Agreements, Criminal Legislation, and Anti-Corruption Laws in Arab and Foreign Countries," Dar Al-Jami'ah Al-Jadidah, Alexandria, Egypt, 2011.

- Mohamed Said Al-Ramlawi, "Financial and Administrative Corruption Provisions in Islamic Criminal Jurisprudence," Dar Al-Fikr Al-Jami'i, Alexandria, Egypt, 2012.

Doctoral Theses:

- Haidor Jaloul, "The National Authority for the Prevention and Combating of Corruption and the Protection of Public Funds," Doctoral Thesis in Public Administration Law, Faculty of Law, University of Sidi Bel Abbes, 2020-2021.

Articles:

- Ahsan Gharbi, "The Supreme Authority for Transparency, Prevention, and Combating Corruption under the Constitutional Amendment of 2020," Research Journal, Volume 6, Issue 1, 2021.

- Amal Yaish Tamam, "Asset Declaration as a Preventive Mechanism to Combat Administrative Corruption in Algeria," Journal of Rights and Liberties, Issue 2, March 2016.

- Hamza Ashash, Hamza Khedri, "Asset Declaration as a Preventive Mechanism to Combat Corruption," Algerian Journal of Business Law, Issue 2, December 2020.

- Youssef Maqrin, "Constitutional Compatibility of the 2020 Authority for Civil Society Activity in Preventing and Combating Corruption," Legal Studies Journal, Volume 7, Issue 1, 2021.

Legal Texts:

- Law No. 16-01 dated March 6, 2016, including Constitutional Amendment No. 14 of 2016.

- Presidential Decree No. 20-442 dated December 30, 2020, concerning the issuance of Constitutional Amendment No. 82 of 2020.

- United Nations Convention against Corruption adopted by the United Nations General Assembly in New York on October 31, 2003, ratified with reservations by Presidential Decree No. 04-128, Official Gazette No. of 2004.

- African Union Convention on Preventing and Combating Corruption adopted in Maputo on July 11, 2003, ratified by Presidential Decree No. 06-137, Official Gazette No. of 2006.

- Arab Convention against Corruption drafted in Cairo on December 21, 2010, ratified by Presidential Decree No. 14-249, Official Gazette No. of 2014.

- Law No. 06-01 concerning the amended and supplemented Anti-Corruption and Combating Law.

- Law No. 22-08 dated May 5, 2022, regulating the organization of the Supreme Authority for Transparency, Prevention, and Combating Corruption, its formation, and its powers, Official Gazette No. 32 of 2022.

- Presidential Decree No. 21-139 dated April 12, 2021, concerning the National Observatory for Civil Society, Official Gazette No. 29 of 2021.

- Presidential Decree dated July 17, 2022, includes the appointment of the President of the Supreme Authority for Transparency, Prevention, and Combating Corruption, Official Gazette No. 50 of 2022.

- Presidential Decree dated July 17, 2022, includes the appointment of members of the Council of the Supreme Authority for Transparency, Prevention, and Combating Corruption, Official Gazette No. 50 of 2022.