Audition du Ministre de la Justice par la Commission des affaires juridiques sur deux projets de loi organique concernant le tribunal des conflits et la prévention des stupéfiants.

la Commission des affaires juridiques auditionne le ministre de la Justice sur les deux projets de loi organique relative au tribunal des conflits et à la prévention des stupéfiants

Summary of Recent Legislative Developments in Algeria

On Tuesday, the Algerian Commission on Legal Affairs, Human Rights, Local Organization, Land Use Planning, and Territorial Division convened to discuss important legislative initiatives. Minister of Justice Lotfi Boudjemaa presented two significant proposals: one regarding the Organic Law on the Tribunal of Conflicts and the other concerning the Prevention and Suppression of Illicit Drug Use and Trafficking.

Organic Law on the Tribunal of Conflicts

The first part of the meeting focused on the Organic Law regarding the Tribunal of Conflicts. This proposed law aims to amend and enhance the previous law (98-03 of June 3, 1998), which outlines the tribunal’s roles, organization, and operational framework. The Minister highlighted the intent to align national legislation with the provisions of the 2020 Constitution and to address existing gaps in law enforcement.

Key amendments include:

1. Increase in Magistrates: The number of judges in the Tribunal of Conflicts will increase from seven to nine.
2. Unification of Appointment Processes: The law proposes a unified system for appointing both sitting judges and state commissioners, alternating appointments between the judges of the Supreme Court and the Council of State.
3. Longer Terms for Leadership: The term for the president of the Tribunal will extend from three to five years, matching the term of other judges.
4. Electronic Submissions: The ability to submit disputes to the Tribunal either through paper or electronically will be introduced.

These changes are set within a broader framework aimed at modernizing Algeria’s legal system, making it more effective and responsive to contemporary challenges.

Drug Legislation Update

The second presentation centered on amendments to law 04-18, which addresses the prevention and repression of drug use and trafficking. Minister Boudjemaa explained that the revisions aim to strengthen existing legal frameworks by introducing measures that integrate preventive, therapeutic, and punitive approaches.

Noteworthy modifications include:

1. Health Screening Requirements: New regulations will mandate health tests for job candidates in public and private sectors to screen for drug use.
2. Student Protection Measures: Ongoing medical examinations for students will now include drug testing to prevent substance abuse.
3. Enhanced Penal Provisions: The law will impose severe penalties—ranging from 20 to 30 years in prison—for individuals who exploit vulnerable groups, including minors, in drug trafficking. Should these crimes occur near educational institutions, penalties may increase to include the death penalty.

Adoption of Proposed Laws

Notably, the Organic Law on the Tribunal of Conflicts was approved on March 17 by the National People’s Assembly, and the amendments to the drug legislation were passed on May 19. These legislative efforts reflect a commitment to updating Algeria’s legal framework in line with evolving societal needs and constitutional demands.

Overall, these developments signify an important progression in Algeria’s legal landscape, focusing on enhancing judicial efficacy and ensuring protection against drug-related threats.