The journal of Teacher Researcher of Legal and political Studies
(JTRLPS) is an international, peer-reviewed academic journal published semi-annually by Mohamed Boudiaf University of M’sila, Algeria. It focuses on original and high-quality research in the fields of legal sciences and political studies,
The post of the President of the Republicin light of the constitutional amendments after 1996 is a reality and an impact
The constitutional amendments, after 1996, significant change in executive authority; both organically and functionally, by abandoning the post of Head of Government, which represented the second pole at the head of the executive authority,and replacing it with the post of Prime Minister, responsible for implementation of the President's Program through the work charter he establishes. This charter became: "the government work charter", after the 2016 constitutional amendment, which is submitted to the Council of Ministers headed by the President of the Republic. When the 2016 constitutional amendment was to bring changes brought about a that would limit the broad powers of the President of the Republic, it maintained his supremacy; by becoming the pivot of all the authorities and simultaneously occupying the post of President of the Republic and Head of the Government. This shows that the constitutional legislator has returned to the era of unilateral executive authority, which clearly shows the obvious characteristics of the presidential system in the type of the Algerian political system.
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On the freedom to contract in the monitoring of economic groups
The economic environment has recently seen the emergence of global economic conglomerates, creating a kind of unfair competition, which has prompted the Algerian legislator to promulgate a competition law prohibiting all forms of monopoly and agreements restricting competition. as well as bringing all forms of economic groupings under control, The agreement is the best way to complete the assembly and to place competition law under its control. And therefore it undoubtedly violates one of the general principles on which contracts are based, namely the principle of contractual freedom. The question that arises is the extent of the influence of the group control system on the principle of freedom to contract, and highlights the transformation of traditional principles of contracting, and how control of the concentration process contributes to violate these principles. This study concludes with a description and an analysis of the control system of economic groups in Algerian competition law.
The specificity of combatting corruption during crises in Algerian penal law
Crises are one of the most notable exceptional situations in which all corruption offences are unparalleled due to the unusual spending it causes the public finances accompanied by the laxity of the state and its formal and informal agencies oversight and accountability on one hand, and the presence of people who are always ready for Exploitation of this crisis fo personal benefits on the other hand is why special attention should be paid to combatting the crises itself The crimes of corruption that can be committed on the occasion of crises must never be seen as an unnecessary luxury, but it must be sure that this is an imperative that must Be dealt with as it is Addressing the crisis as to eliminate and not bring another one to added to the original crisis.
Legislative delegation is one of the important issues in the present time, as the scope of intervention by contemporary states expands. Existing laws often struggle to address emerging urgent circumstances and exceptional cases with the speed and effectiveness required. Resorting to the legislative authority to enact a new law to confront emergencies is not an easy matter due to the length and complexity of the procedures involved. This has led the constitutional legislator to approve legislative delegation, through which the legislative authority temporarily relinquishes part of its jurisdiction to the executive authority to address developments or implement its program.
Equilibrium between the legal centers in the partnership contracts between the private and public sectors
Each country seeks to improve the living conditions of its inhabitants by improving the public service throughout construction of public facilities but its limited financial resources and lack of modern technology to realize public facilities of high quality Imply conclusion of so called partnership contracts between public and private sector in order to realize projects of infrastructure in which the private partner supplies the service object of partnership between public and private sector and in this context the will of the state and the private partner aims at creating a direct right to the public of beneficiaries, this last, who is not a part in the partnership contract but the enrollment in favor of others has visible impacts in the three relations : between the state, the private partner and the public of beneficiaries which take the form of reciprocal obligations and rights.
Professional obligations that fall on the notary public in UAE law
The notary plays a vital and central role, as he draws up contracts and gives them an official character, which gives them the same binding force as final court decisions. The notary's intervention in the drafting and documentation of contracts, whether he has drafted them himself or ratified them after the parties have drafted them, entails important legal consequences. The most striking of these consequences is that these contracts constitute conclusive evidence of the facts and procedures that took place within the limits of the notary's mission or those that took place in the presence of the interested parties.
Legitimacy in the work of power between the justice of politics and law
The legitimacy has a role in protecting the activities of the authority, So When talking about the submission of the ruler and the convicts to the supremacy of the law in its broadest sense, it is establishes a relationship. It is governed by the rule of the constitution and the law. then the legitimacy made that relationship a pole of controversy between the legal goal and the political goal. Therefore the state"s commitment to legitimacy in its ordinary sphere, which appears in respect for the sequence of laws and the substantive separation of powers only at this time will the state considered to have achieved legitimacy in its wide scope, but when is its activities characterized by a kind of privacy in unusual cases of legality such as exceptional cases and discretionary power and even acts of sovereignty here is considered to have political dimensions, So in this way the fact that legitimacy has a flexible meaning that does not lead to its absence becomes clear but confirms. that it is the pivot of state building with preserving the legitimacy in both cases of securing free partisan activity and an active civil society.
The basis for establishing liability of Autonomous Shipsfor damages they cause in the Light of Modern Legislation in the UAE
This study addressed the provisions of civil liability for damages caused by autonomous ships by presenting various theories of liability and the extent to which they can be applied to autonomous ships operating AI systems. The study concluded with several results, the most important of which was the involvement of multiple parties in the operation of artificial intelligence systems, such as their manufacturer, programmer, developer, user, or owner. It also highlighted that compulsory insurance systems and compensation funds are among the most important mechanisms through which the effects of liability arising from damages caused by autonomous ships can be addressed. The study also recommended the inclusion of rules regulating autonomous ships, wherein operators of artificial intelligence systems bear leadership, administrative, and commercial responsibilities according to their degree of involvement in ship operations. It suggested drawing upon the provisions outlined in Law No. 4 of 2020 regulating drones in Dubai, and Law No. 9 of 2023 regulating the operation of autonomous vehicles in Dubai, particularly regarding insurance, vehicle registration, and their application in the field of self-driving ships operated by artificial intelligence.
Civil Society Is A Key Partner In Combating And Preventing Corruption In Algeria
Prévention and anti-corruption efforts are one of the Most important concernes of modern sociétés because of this devastating impact of the various structures of society, which is prone to corruption and its multifaceted consequences. Awareness-raising on the dangers of corruption or to contribute to fighting it through the means available to it and its proximity to the citizen, which is reflected in such negative effects of corruption, and civil society activities are working with other official or informal actors to achieve this end, Like other countries suffered from the consequences of corruption has been making various efforts to prevent it and fight it, leaving the Algerian civil society away from engaging in efforts to avoid or eradicate corruption, which is the focus of the current study
The basic steps to C creating and establishing an entreprise
Establishing an entreprise goes through several important and basic steps, starting with researching and creating the idea, which takes place in several ways: Such as daily observation, searching for solutions to problems, or imitating existing ideas, etc., after which the idea is crystallized and modeled, then Verify the possibility of dropping it on the reality, through studying the feasibility of the idea and the business plan, which depend on studying all the aspects arranged in the idea, starting with what we want to produce, How do we produce it, to whom do we produce, how do we market it, how much do we sell it for, then comes the step of searching for financing. Whether self-financing, loan financing, partners, etc. Finally, the idea will be transformed, the intreprise will be created on the reality, and the administrative file will be formed by: (naming, documenting, registering in the commercial registry, affiliation in the Social Security Fund for non-workers, declaring existence, extracting the tax number, extracting the statistical number, opening a
The Continuation of The Employment Contracts in The Event of a Change in The Legal Status of The Employee
This study aims to shed light on the cases that lead to a change in the legal status of ancient employee and his replacement by a new employee, if the principe of the relativity of the effects of the contract is applied, it will have dire consequences for the employer’s situation for the simple reason that the new employee was not a party to the employment contract that linked the ancient employee to the employer.
Evaluating the role of anti-corruption Authority’s in Tunisia After the issuance of the administrative reconciliation law
Several anti-corruption bodies were established in Tunisia after the 2011 revolution, such as the Commission of Inquiry on Corruption and Bribery, the Good Governance and Anti-Corruption Commission, which the constitution called the National Anti-Corruption Commission, and the Truth and Dignity Commission, all of which attempt to achieve the revolution’s goals of fair development and an equal distribution of wealth among all Citizens and combating all forms of corruption and bribery in order to implement transitional justice to rebuild the Tunisian national system. However, the Parliament's adoption of the Administrative Reconciliation Law, which exempts some of those involved in corruption cases on the condition that they cooperate with the state, some believe that it conflicts with the work of the aforementioned bodies and undermines their effectiveness in achieving deterrence in the future. This makes us wonder about the effectiveness of the Tunisian anti-corruption authorities in reducing it, and the extent of the impact of the Tunisian Reconciliation Law on their work.
An analytical study of the constitutional reforms pertaining to the administrative article
The recent constitutional reforms are re-evaluating the administrative judiciary, emphasizing the regulation of administrative activities and strengthening the role of administrative courts in safeguarding rights and freedoms from arbitrariness and abuse of power. To enforce the long-missing principle of two-tier litigation in administrative cases, six administrative courts have been established. E-litigation has become a cornerstone in the policy of digitizing and modernizing the justice sector. The State Council's judicial and advisory roles have also been re-assessed, now tasked with evaluating the performance of administrative courts and offering substantive guidance to the government in legislative drafting. These reforms are designed to enhance the administrative judicial system, reinforcing legitimacy and justice in administrative governance.
The Effectiveness of the Principle of Transparency in Electronic Public Procurement in Light of Law No. 23-12
since gaining independence, Algeria has been committed to improving the efficiency and proper utilization of public funds, as well as rationalizing public expenditures. This commitment is evident through the legal framework governing public transactions and its efforts to rectify shortcomings while keeping pace with global changes. One of the most significant developments in this regard is Law No. 23-12, which establishes general rules related to public procurement. Through this study, we aim to explore the mechanisms introduced by the new law to enhance the role of transparency in public transactions, particularly through newly established electronic portals. Transparency is a crucial principle for achieving efficient utilization of public funds and managing public spending.
The extent to which alegal person is entitled to compensation for moral damage.
The issue of compensating person for moral prejudice has raised a wide jurisprudential controversy between supporters and opponents, and that is because most legislation lacks explicit text regulates this issue and lack of specialized legal studies. At the judicial level, the Egyptian court of cassation has resolved his position on this matter by refusing to compensate a legal person for moral prejudice because of his lack of emotions and feeling while the French court of cassation decides that the legal person has the right of reputation ,therefore any violation of this right will results in moral damage requires compensation.
The trade secret of the foreign investor: between the legal description and the established protection mechanisms
Commitment to trade secret is the most important piece of information that the investor seeks to preserve and not disclose to other investors in the light of legitimate competition, as it is considered his capital and the secret of his success, regardless of the undisclosed information related to the establishment, project, manufacturing methods, production components, or customer names. But this trade secret is sometimes hacked and abused This threatens the foreign investor's ownership of the industrial property right in the investment sector. Given the importance and modernity of it, most of the legislations dealt with the response to the attack on the trade secret owned by the foreign investor by imposing national and international protective mechanisms, although the Algerian legislation did not regulate it with special rules like other comparative legislations, but rather organized it with general rules in a set of laws in a brief manner, and in the face of the novelty of the subject And its limitations, and in view of the legal problems it caused, we tried through this research paper to address the general framework of the concept of trade secret and its legal description, down to the established protection mechanisms and the scope of
The legal regime of the public officer’s right to casual leaveto establish an enterprise according to Law No 22-22 and its regulatory text
The Law No. 22-22 includes the addition of eight new articles to Ordinance 06-03, starting from Article 206 bis to Article 206 bis 7 It introduces a new functional right for public officer’s that allows them to establish an enterprise under specific legal conditions and regulations, detailing the conditions and procedures for public officers to benefit from this leave and outlining the consequences thereof Executive Decree No. 23-93, dated March 5, 2023, was issued, whereby public officers belonging to certain categories, who have at least five years of service and are under 55 years of age, may submit a request to benefit from the casual leave for business establishment, This request is being subjected to review by the administration, which may approve it, postpone its approval, or reject it for reasons administration interest. In the event that the public officers request is accepted, the functional relationship is suspended for one year, extendable for an additional six months, The public officer has the right to reintegrate into their position upon his request incase the nonsuccess of the business project , and the functional relationship may terminate incase of the business project's success. Keywords: public officer, casual leave, establish an enterprise
Title of the article, The direct effect of the President of the Republic on the legislative jurisdiction of Parliament in the Algerian constitutional system
The constitutional amendment of the year 2020 of the President of the Republic approved many executive and legislative powers, perhaps the most important of which is its interference in preparing the legislative texts in which Parliament has the original jurisdiction in which it is created under Article 114 of the Constitution. Sovereignty in preparing the law and voting on it 'However, this jurisdiction is not exclusive, but it is shared by the President of the Republic through the process of issuing the legislative text, or requesting a second deliberation, or even notifying the Constitutional Court, and this intervention is among the aspects of the impact of this latter on the legislative work It is suspended to spread the law for a while, or re - vote on a text approved and with specific described proportions under Article 149 Paragraph 2, which may affect the issuance of the legislative
The legal nature of the administrative closure decision and the mechanisms of its implementation
The importance of the legal nature of the closure decision is evident in the extent to which it is implemented by the competent authorities - as an administrative decision or an administrative action issued by the administration - such as the sovereign, governmental, political, as well as parliamentary authority, as well as the judicial authority, as they are the enforcement authorities as well as control over the actions applied by the administration as a decision issued by it. Therefore, the administrative closure decision must be related to a material situation in reality that justifies it, and this material situation in the field of administrative closure decisions is represented in the existence of closure without legal texts in order to preserve public order, or with legal texts according to specific organic laws for the process of closing shops and legal articles that acknowledge that. When the administration issues its decision, it must take into account the material situation that constitutes an embodiment or a specification that allows the general and abstract rules of law to be put into practice. As the absence of the physical condition is considered an emptying of the legal rule from its content and content, so the judge must investigate whether it really exists in reality or not. The thing that makes the judicial authority exercise its control over the work of the administration and its actions on administrative closures based on the lawsuits filed before it, whether before the bodies of the ordinary judiciary or the administrative judiciary.
Murabaha for car acquisition: challenges reality and regulatory requirements
The acquisition of cars in the current situation is one of the most important topics that preoccupy the Algerian citizen, given the overlapping political, economic, social factors, etc., which resulted in a crisis in financing the market with vehicles after several attempts to convince global companies in the field of car manufacturing to have real investments in Algeria, making the latter a manufacturing country, not just an importer. Given the relevance of the issue to the citizen's daily life, it was necessary to find solutions, which included a new specifications book that allows the marketing of new cars in stages, then moving to the assembly and manufacturing stage. This will create momentum in the car market, including citizens' desire to purchase cars through bank financing. One of the formulas that is expected to be highly popular among citizens is the Murabaha contract for the purchaser in purchasing cars, especially since traditional banks can now offer this type of operation, in addition to Islamic banks. However, this contract in turn is not without some field problems, some of which this article will address.
The Role of the Independent Electoral Authority in Strengthening Electoral Governance in Algeria 01-21
This study attempted to highlight the electoral administration, electoral governance as basic and innovative concepts in the field of elections, and to highlight the role of the electoral administration in Algeria, specifically under Ordinance No. 01-21 of 10 March 2021 containing the Organic Law on the Electoral System. In the context of its provisions and legal provisions, this order has given the Electoral Administration significant roles and powers, making this body known as the Independent Electoral Authority a mechanism for achieving and enhancing integrity, transparency and electoral accountability at all stages of the tribal, timely and remote electoral process.
The judiciary as a mechanism to combat competitive practices and prices
Full protection of competition requires not only imposing penalties on the perpetrators of prohibited practices, as the latter has negative effects that cause harm to the concerned parties. The judiciary first intervenes as a second degree in litigation, as it specializes in considering appeals against decisions and orders of the Competition Council, and then intervenes secondly As a first degree in litigation, in order to erase the negative effects of illegal practices by criminalizing, stopping and nullifying the latter, and compensating those affected by them. Hence, the effective role of the judiciary in the field of settling competition-related disputes becomes clear.
Legal existence of the International Criminal Court
The establishment of the International Criminal Court is considered a complementary element to the international efforts that preceded it in the context of establishing international criminal justice and its culmination, starting with the Nuremberg Court, up to the special and temporary international criminal courts, and passing through the various treaties and attempts made to combat international crimes that affect international peace and security. Moreover, its establishment would not have been possible without the efforts of the negotiators to find a balance between the national sovereignty of states and the immunities and privileges of the court necessary to perform its function, achieve its goals and attain the purposes for which it was established. Indeed, the Rome Statute, in particular its fourth article, grants the International Criminal Court the status of international legal personality that qualifies it to exercise its functions and achieve its objectives of preventing perpetrators of crimes from escaping responsibility and punishment regardless of their official status as long as the Court's jurisdiction over them exists at the level of States parties, either through the powers of referral and postponement granted to the Security Council in accordance with the requirements of article 13 of the Rome Statute.
Prospects of the notarized contract in light of electronic signature
It is not hidden from the wise and intelligent that the information revolution has caused a radical revolution in the features of life. After contracts were concluded in a physical environment and recorded on a paper medium signed by hand, the matter has changed and they are now done in a virtual environment and recorded on an electronic medium and signed electronically. Despite that, this is considered an official contract that enjoys the same characteristics, especially the characteristics of evidential force and executive force and what it allows in achieving accuracy and transparency in writing, speed and flexibility in completion, as well as providing contractual security for the contractors. Developing the tasks of the notary and managing his office in modern scientific ways by keeping pace with modernization and technological development.
The role of e-administration in reducing administrative corruption
Administrative corruption is one of the dangerous phenomena that many countries seek to get rid of or reduce this phenomenon, so electronic management has become an imperative necessity that must be sought to be applied in every modern country because of its advantages, especially in the field of public utilities, and the various services it provides, as well as achieving transparency in management and combating administrative corruption. Based on that, this study tries to identify the concept and causes of administrative corruption, and to address the concept, importance and objectives of electronic administration, and to identify the requirements and effects of the application of electronic administration, and its role in addressing and reducing administrative corruption, by dividing the study plan into two axes, where we address in the first of them administrative corruption as an obstacle to the provision of public service, and in the second axis: electronic administration as a mechanism to reduce administrative corruption
he obligation of the air carrier of the goods contained during the flight in the light of the 1929 Warsaw Convention and the Algerian Civil Aviation Act
Air transport of cargo is one of the most important aspects of commercial exploitation of air navigation. Commercial exchanges cannot be made without transportation of cargo from one place to another. The essence of air transport is to change its place by air by means of an aircraft that allows transportation from the airport of delivery to the airport of arrival. In order to complete the air transport operation, the air carrier has several obligations, perhaps most notably those received during the air transport phase of the aircraft for the purpose of delivering the whole goods to the consignee in good condition within a reasonable period of time to the agreed airport of arrival.
Civil liability in the joint real estate ownership system
Civil liability is generally defined as ensuring compensation for the damage resulting from the act of the responsible person, whether the act was positive by performing any act that would cause harm to others or by abstaining from doing an act that he was supposed to do. This abstention causes harm to others and thus creates liability for him. Hence, responsibility, as a general rule, aims to protect a private interest that is affected by a mistake committed by the official. It is noted that the Algerian legislator has regulated it in the Civil Code in Chapter Two, Chapter Three, under the title: “Work Eligible to Compensate.” Responsibility is more complex and multifaceted. There is responsibility for personal actions, and there is another for the actions of others. As for the last responsibility, it is the responsibility arising from things. Because the joint real estate ownership system contains many people and individuals within a built framework upon which relationships are drawn between those belonging to this collective real estate system, it is inevitable that the liability system will be in the same form as it was organized in the civil law. The owners’ association is personally responsible, as well as responsible for others and for things. Likewise, all owners may be liable at times personally, at other times for others, and finally for things, and this is the same thing that applies to the person disposing of it within the joint real estate ownership system.
Legal system of the National Center for Commercial Registration and its disputes
Studying the legal system of the National Center for Commercial Registration is of great importance for many reasons. Considering it as an independent administrative institution on the one hand and a merchant in its relations with others on the other hand raises several problems regarding its legal nature, and as a result, the search for determining the judicial authority competent to consider and resolve its disputes. If it is included among the public institutions of an administrative nature, then the disputes in which it is a party will fall within the jurisdiction of the administrative judiciary. If it is considered a public institution of an industrial and commercial nature, then its disputes will be subject to two judicial authorities: they will be subject to the jurisdiction of the ordinary (commercial) judge in his relations with others and to the jurisdiction of the administrative judge when he uses the privileges of public authority.
The Effectiveness of Protection Mechanisms in Light of the African Charter on Human and Peoples' Rights
This article discusses the regional protection mechanisms established by the African Charter on Human and Peoples' Rights, specifically focusing on the African Commission on Human and Peoples' Rights as a quasi-judicial body, and the African Court on Human and Peoples' Rights, which complements the role of the Commission. In exploring the effectiveness of these two mechanisms, it is essential to examine their composition, mandates, and procedures.
Rules of Civil Liability in the Field of Electronic Contract Execution
The electronic contract poses many problems because after this contract has been concluded in the digita l environment, its implementation may take place in the same way as it was concluded, that is, in the same environment sometimes, or the matter may require going out to the tangible reality, and this stage is related to the implementation of the electronic contract and in line with the technical privacy of the electronic transaction. Obligations are imposed on both the electronic supplier and the consumer in accordance with what is stipulated in the Electronic Commerce Law, and breach of these obligations, regardless of its form, is failure to implement the obligation, delay in implementing it, or implementing it in a defective manner, there is no doubt that it constitutes a mistake that imposes on the violating party a type of civil liability that Although some of its provisions remain subject to general rules, they are distinguished by a kind of privacy required by the importance of this contract.
The Difficulty of Proof in Money Laundering and Terrorism Financing Crimes
Money laundering is a modern crime that has emerged in various legal systems, including Algerian law. It has evolved alongside technological, financial, and economic advancements, coupled with increased wealth. This evolution has led individuals who obtain funds from illicit activities to deposit and integrate them into the economic cycle, then consolidate them to conceal their illegal source. They attempt to present these funds as proceeds from legitimate activities to evade punishment, seizure, and confiscation. Modern methods, resulting from the development of the internet, electronic money, and smart payment cards, have facilitated this process. Criminal networks exploit technological advancements through the use of ATMs, electronic banking services, internet banks, and smart cards to circulate various transferable values. This has prompted the international community and organizations to enact national legislation and international agreements to prevent and combat money laundering crimes. Algeria has implemented legislation to regulate this crime, starting with the establishment of the Financial Intelligence Unit under Executive Decree No. 02-127, followed by Law 04-05 amended and supplemented by Order No. 66-156, which includes the Penal Code. This culminated in the issuance of specific legislation to combat this crime, namely Law 05-01, amended and supplemented. This research aims to address the challenge of proving money laundering, terrorism financing, and weapons of mass destruction crimes, along with the obstacles encountered and the extent of the Algerian legislator's success in addressing them procedurally and substantively.
Agreement And Homologation Commissions As An Implementation ‎‎mechanisms Of ‎reforms Of Algerian Educational System ‏- ‏‎-a Study In The Legislative Framework And The Difficulties Of ‎activation
This study aims to highlight the role of those commissions by highlighting ‎‎and analyzing their legislative ‎framework, and analyzing the difficulties of ‎activating ‎of their role, as they are two mechanisms ‎developed by Ministry of Education, ‎to ‎implement educational reforms, especially the reform of ‎education ‎curricula and ‎programmes, which ‎require, the form and content of pedagogical means and pillars, ‎which, before being distributed to educational and educational institutions, ‎requires an official body that guarantees ‎the integrity of its selection ‎and quality.‎ Keywords: Agreement ; Homologation ; Commission ; Educational System ; Algeria.‎
The Minister is a complementary body to expand. the scope of regulatory work
The primary task of the government in a system of separation or allocation of powers is to work to ensure the rule of public order to preserve the principle of legality, and to manage public facili-ties in the state in accordance with the principles, foundations and provisions stipulated in the Constitution, in the legislation is-sued by Parliament, and the powers of the minister in this field. These are inherent powers, meaning that if the constitution stipu-lates specific powers for the government in this regard, they are included as an example and not as a limitation. Therefore, the government has the right to take any action A measure consistent with the requirements of the executive function, whether stipu-lated in the Constitution or not, unless the Constitution or the law prohibits it from taking this measure, such as limiting public free-doms, or imposing types of penalties or taxes...etc. in a manner other than that stipulated in the Constitution. Laws. This is the summary of “the principle of legitimacy or the supremacy of rule. The law, which governs modern democratic countries, is that the government is free to act, but within the scope of the established legal rules, so that if it exceeds the limits of the legal rules, in the broad sense, its behavior is illegal, and every interested party has the right to return it to the path of legality by the established means.
The Legal Regulation of Cross Donation of Human Cells and Tissues Between Living Persons
Human cell and tissue transplantation between living persons continues to face a major challenge: immunological incompatibility between the donor and recipient. This often renders such procedures impossible in many cases. Despite medical advances, such as the discovery of immunosuppressive drugs that have increased the success rates of these procedures, the problem persists. With the growing number of donors who are immunologically incompatible with recipients, legislations have turned to exploring new methods to address this issue. This has led to the development of the "cross-donation" system. This study aims to shed light on the legal regulations surrounding reciprocal donation as an innovative solution to overcome the problem of immunological incompatibility. This system has been adopted in Algerian, French, American, and Emirati legislation. The study concludes that this approach helps reduce waiting lists and addresses the shortage of donors for transplantation procedures.
The right to run for the presidency of the republic in the electoral system in Algeria
In the Algerian political system since independence, the President of the Republic occupies great importance, a pivotal position, and a special position that transcends all centers and positions in the state, according to the lofty status of his status, his constitutional position, and the deriving of his legitimacy directly from the sovereign people. He is considered the first political figure at the top of the pyramid of power, enjoying greater powers than all traditional authorities ( legislative and judicial) in the country. Due to the seriousness of the tasks entrusted to the President of the Republic, the right to run for this position in the electoral system in Algeria was surrounded by a set of objective restrictions and conditions. Since independence, the Constitutional Founder alone has ensured that they are put in place to prevent the exercise of this right by certain groups. This inherent and exclusive jurisdiction has not been ceded to the legislator except with regard to procedural conditions. For the elections of the President of the Republic Despite this, there were some violations of jurisdiction by the legislator by stipulating some restrictions that prevent some citizens from running for the presidency of the republic, which the Constitutional Council addressed at the time since its establishment under the 1989 Constitution.
Management powers in public - private partnership contracts
Partnership contracts are among the most important administrative contracts That reflect the participation of the private sector in public sector projects and the developement of public facility services. The laws regulating partnership contracts grant the administration several execeptional authorities through these contrats , under the umbrella of achieving the public interest . These authorities include the autority to supervise and direct the activities of the private partner , the autority to amend contract and the autority to impose penalities on the private partner in case of non-compliance with contractual obligations. However, these authorities are not absolute; they are limited by a set of rules to prevent the administration forme abusing them and infringin on the rights of the private partner
Economic Challenges Of The Republic Of South Sudan
In this study focuses on the problems and obstacles encountered by the republic of South Sudan after the secession, which has drawn the country into a vicious cycle of civil war, in addition to tackling the various bets and challenges facing the state of South Sudan, in a sincere desire for the sons of the nascent state to advance in the construction of a stable state. The study found that the state of weakness in the particular in the light of the economic capacities available in the presence of state of South Sudan was due to the failure of government policies based on the control of people's resources which were based in its programs on tribal and ethnic prejudices, and the deprivation of many groups of their legitimate economic rights, which has contributed to the spread of violence and lack of stability. Dans cette étude se concentre sur les problèmes et les obstacles rencontrés par la République du Soudan du Sud après la sécession, qui a entraîné le pays dans un cercle vicieux de guerre civile, en plus de s'attaquer aux divers paris et défis auxquels l'État du Soudan du Sud est confronté, en un désir sincère pour les fils de l'Etat naissant d'avancer dans la construction d'un Etat stable. L'étude a révélé que l'Etat de faiblesse du particulier à la lumière des capacités économiques disponibles en présence de l'Etat du Soudan du Sud était dû à l'échec des politiques gouvernementales basées sur le contrôle des ressources de la population qui étaient basées dans ses programmes sur les tribus. et les préjugés ethniques et la privation de nombreux groupes de leurs droits économiques légitimes, ce qui a contribué à la propagation de la violence et au manque de stabilité.
The professional project and its role in cultivating students' Choices
The professional and personal project represents a critical field within the education system, as it enables students to form their professional project by choosing an appropriate specialization that reflects their intellectual abilities, preparedness, propensities, and skills. Given the swift scientific progress and cultural and economic shifts, the professional orientation must keep up with these changes to cultivate the student's professional choices.
The Pratical Problem Of Official Notification In Civil And Administrative Matters In Algeria
The study was focused on identifying notification as a formal act by which a person is informed of a legal document or act. It is regarded as a crucial element of the legal process, since it assures that all parties in a dispute are aware of their rights and obligations. And a fundamental component of legal proceedings is to ensure individuals are informed of their rights, obligations, and legal actions. Despite its benefits, its practical implementation is hampered by significant challenges that often prevent due process and equitable outcomes. Additionally, we will address practical difficulties related to official notification in accordance with the Algerian Code of Civil and Administrative Procedure.
In medicine, an emergency is a situation in which a diagnosis and treatment must be carried out very quickly. But what about in law? The doctrine attaches the following definition to it: a situation likely to cause harm due to delay. Beyond that, it is a functional notion in the sense that it is the legal effects it entails that define it. The interest of this study is to understand the urgency in health law by examining its influence on the responsibility of the doctor in the emergency department. More than two hundred court decisions have been analyzed for this purpose; it appears that it creates an obligation for the doctor to act quickly and constitutes an exception to the respect of the patient's rights. What impact does this legal standard have, the style on the conditions for invoking the liability of the healthcare professional in a service where time is, by hypothesis, a factor of vulnerability? We find two systems of responsibility with different purposes: Restorative responsibility aims to repair the damage caused to patients, whereas punitive responsibility sanctions the behavior of doctors constituting an offense provided for by criminal law. All of this presents a situation where the patient's life is in imminent danger and where they risk dying due to a lack of rapid and appropriate care. To address this, it is necessary to coordinate the management of life-threatening emergencies within healthcare facilities, develop the capacity of healthcare professionals to identify a life-threatening emergency, know the first steps and the procedure to initiate care, and limit the occurrence of emergency situations. For this, it is necessary to establish an organization to ensure the management of vital emergencies and to conduct training and certification for healthcare professionals.
The Fight Against Transnational Environmental Crime: A Legal Framework
Transnational environmental crime is one of the fastest growing areas of cross border criminal enterprise involving high profits and low risk for those involved in wild life smuggling, the black market of ozone depleting substances, and the illegal trade of hazardous and toxic waste. It is increasingly characterized by commodity specific smuggling networks, the intrusion of criminal groups involved in other forms of illegal trade and in some cases politically motivated organizations for whom this generates income to support other activities. But unlike other forms of transnational crime, there is no international treaty to prevent, suppress, and punish those transnational environmental crimes. The global regulatory and enforcement community has therefore developed innovative collaborative mechanisms to meet both the criminal and the environmental challenges associated to this increasingly serious form of cross border crime. Despite their successes, their efforts remain under- resourced. This research paper examines the challenges of transnational environmental crime and efforts to respond to those challenges in the face of uncertain resources and limited awareness.