Tabi: “The Judiciary In Algeria Is Not Bad, So Don’t Deny The Salutary Reforms”

The Minister of Justice, Keeper of the Seals, Abderrachid Tabi called, in Algiers, to combine efforts and mobilize all legal and human means to fight against the scourge of corruption.

The minister was speaking before members of the Council of the Nation, during a session devoted to the presentation and debate of two bills relating to the organization of the High Authority for Transparency and the Commercial Code, chaired by Salah Goudjil.

The fight against the plague of corruption requires “the mobilization of all, in particular civil society, which is called upon to play its full role, especially with the strong political will to combat this scourge,” Tabi said.

He explained that “the approach adopted in the fight against corruption is twofold, the first is prevention and the second is enforcement”.

Law 06-01 on the prevention of and fight against corruption will be revised during the current year to strengthen the provisions relating to the prevention and fight against corruption but also those relating to the recovery of looted money,” the minister said.
The expected amendments will focus in particular on “the consolidation of the principle of protection of whistleblowers and by extension their families”, he argued, in the sense that “anonymous messages have harmed people, institutions and have not served the national economy at all”.

Noting that the draft law establishing the organization, composition and powers of the High Authority for Transparency, Prevention and Fight against Corruption “takes into consideration Algeria’s experience in the fight against corruption, 15 years after the entry into force of Law 06-01”, the minister said that the text in question refers to “the presidential program which places the moralization of the fight against corruption among the priorities, in addition to the international and regional treaties signed by Algeria”.

Concerning the text on the Commercial Code, Mr Tabi explained that the law in question was intended to organize this sector, encourage young people and support them in the creation of start-ups.

It should be noted that all the interventions of senators during this session focused on the text relating to the High Authority for Transparency, calling for “more protection for whistleblowers and granting the Authority more prerogatives”.

Moreover, Mr Tabi said that the matter is linked to the cleanliness of the judges’ hands and the extent of their seriousness in their duties and discipline, calling for the need to The judge’s decisions and rulings are sound until the litigants are convinced of them, saying: “Whenever judicial rulings are just, this helps to establish the independence of the judiciary and win the battle to restore the citizen’s confidence in the justice of his country”.

The first official in charge of the justice sector reiterated that the 2020 constitution enshrined complete and effective independence of the judiciary from the executive authority, through the establishment of the Supreme Judicial Council, which placed Algeria in the ranks of democratic countries, noting that the text of the draft that came in line with the provisions of Article 178 of the constitution has specified How to notify the Supreme Judicial Council by the judge in the event of any prejudice to his independence, and also determines the procedures to be taken by the Supreme Council, including notifying the competent prosecution to initiate a public case if the acts constitute a crime punishable by law.

Before adjourning the session, Mr. Goudjil emphasized the importance of having the texts of application of the laws adopted by the parliament, noting the importance of having the texts of application as soon as the laws are adopted by the two chambers of parliament.

The Chairman of the upper house of parliament also noted the importance of complementarity between the legislative and executive powers, in order to have the same vision and the same understanding on the implementation of legislation in the framework of the culture of the state for all.

The sector “is working to make e-Justice a reality through the development of the legal framework”, Tabi said, mentioning the possibility of adopting this method in administrative justice which does not require the presence of litigants.

Regarding the draft law on judicial division, the minister said that the judicial map “will be revised according to the criterion of judicial activity, by proceeding to the classification and promotion of courts and tribunals according to the volume of judicial activity, especially with regard to the significant difference in the number of cases dealt with from one tribunal to another, as well as at the level of courts.

The Justice Minister recalled that this project provides for the creation of commercial courts where specialised judges will rule on this matter, as this is, he continued, “an imperative necessity imposed by the evolution of society in the commercial field”.

The members of the Council of the Nation welcomed the provisions contained in the two laws, stressing the need to continue the action to “support the process of strengthening the independence of the justice sector and the separation of powers”.
The plenary session took place in the presence of the Minister of Relations with Parliament, Basma Azouar.