THE IMPACT OF LEGAL SECURITY ON PROMOTING INVESTMENT ACTIVITY IN ALGERIA
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Abstract
This research addresses the importance of legal security in the development and support of national investment by clarifying the concept of legal security and exploring its constituent elements. It also highlights the key laws related to investment activity, which every investor reviews in order to gain an understanding and familiarize themselves with the legislative policy of the country hosting their investment before proceeding with the investment. To achieve this, developing countries make changes and amendments to their laws to provide the greatest guarantees and incentives for investors, as well as work on developing a judicial system that ensures the necessary protection for these investment activities
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References
First: In Arabic:
Theses:
• Houria Ourak, "Principles of Legal Security in Algerian Law and its Procedures," (Doctoral Thesis), Public Law, Faculty of Law, Algeria, 2018.
• Fahima Belhamzi, "Legal Security for Rights and Freedoms," (Doctoral Thesis), Public Law, University of Mostaganem, 2017-2018.
• Omar Zghoudi, "The Requirement of Legislative Stability in Algerian Investment Law," (Doctoral Thesis), Economic Law, University of Batna, 2019.
• Amr Hashemi, "Sovereignty of Developing Countries in Investment Contracts," (Master’s Thesis), Business Law, Mouloud Mammeri University, Tizi Ouzou, 2016.
Journals:
• Ismail Jabo Rabi, "The Foundations of the Idea of Legal Security and its Elements," Transformation Journal, Volume: 01, Issue: 02, 2018.
• Abdu Jaleel Badawi and Ali Hanan, "The Concept of Legal Security and its Requirements," Journal of Public Administration Studies, Volume: 04, Issue: 08, 2021.
• Bashar Adnan Ibrahim Melkawi, "Legal Stability and Its Role in Attracting Foreign Investment," Arab Researcher Journal, Volume: 01, Issue: 01, 2020.
• Sonia Ben Taiba, "Legal Security as a Mechanism to Drive Development in the Investment Sector," Journal of Contracts and Business Law Studies, Volume: 06, Issue: 02, 2021.
• Abdullah Laouiji, "Legal Security and the Obstacles to Achieving It in Algeria," Journal of Contracts and Business Law Studies, University of Batna, Volume: 06, Issue: 02, 2021.
• Fathisi Chamama, "Foreign Investment Disputes in Algeria Between the Judiciary and International Commercial Arbitration," Voice of Law Journal, Volume: 06, Issue: 02, 2019.
• Mariam Yahya, "Legal Security and Foreign Investments in Algeria," Journal of Legal Studies and Research, University of M'sila, Volume: 03, Issue: 02, June 2018.
• Nabil Khadem, "The Impact of Ordinance Legislation on Legal Security: A Comparative Study Between Algeria and France," Judicial Interpretation Journal, Volume: 13, Issue: 28, 2021.
Conferences:
• Mohamed Belkheir Ait Aoudia, Abdel Rahman Zewani, "The Economic Analysis of the Principle of Protection of Legitimate Expectations," National Conference titled "Respect for Legal Expectations," Faculty of Law, University of Qasdi Merbah, Ouargla, 24-25 February 2016, Special Series on Conferences, Issue- 2016.
• Miloud Salami, and Jamal Bousta, "Substantive Guarantees for Investment: A Comparative Study Between Ordinance 01-03 and Law 16-09," National Conference titled "Developments in Investment Under Law No. 16-09 on Investment Promotion," Faculty of Law, University of Mohamed Boudiaf, Boumerdes, 8 May 2017.
Laws:
A. Constitutions:
• Law No. 16-01 on Constitutional Amendment, Official Gazette of the People's Democratic Republic of Algeria (abbreviated O.G.), Issue 14, issued 7 March 2016.
• Presidential Decree No. 20-442, dated 30 December 2020, on Issuing the Constitutional Amendment Approved in the November 2020 Referendum, Official Gazette, Issue 82, 2020.
B. Orders:
• Order No. 75-58 dated 26 September 1975, concerning the Civil Code, O.G. No. 78, issued 30 September 1975, amended and supplemented.
• Order No. 01-03 dated 20 August 2001, concerning Investment Development, O.G. No. 47, issued 22 August 2001.
• Order No. 06-08 dated 15 July 2006, amending and supplementing Order 01-03, O.G. No. 47, issued 19 July 2006.
• Order No. 06-11 dated 30 August 2006, specifying the conditions and methods for granting concessions and transferring lands from state private property for investment projects, O.G. No. 53, issued 30 August 2008.
• Order No. 08-04 dated 1 September 2008, specifying the conditions and methods for granting concessions on state private lands for investment projects, O.G. No. 49, issued 3 September 2008.
• Order No. 09-01 dated 22 July 2009, concerning the supplementary finance law for the year 2009, O.G. No. 44, 2009.
• Order No. 10-01 dated 26 August 2010, concerning the supplementary finance law for the year 2010, O.G. No. 49, issued 29 August 2010.
C. Laws:
• Law No. 08-09 dated 25 February 2008, concerning Civil and Administrative Procedures Law, O.G. No. 21, issued 23 April 2008, amended and supplemented by Law No. 22-13 dated 12 July 2022, amending and supplementing the Civil and Administrative Procedures Law, O.G. No. 48, issued 17 July 2022.
• Law No. 09-09 dated 30 December 2009, concerning the supplementary finance law for 2009, O.G. No. 78, issued 31 December 2010.
• Law No. 12-12 dated 26 December 2012, concerning the finance law for 2013, O.G. No. 72, issued 30 December 2012.
• Law No. 13-08 dated 30 December 2013, concerning the finance law for 2014, O.G. No. 68, issued 31 December 2013.
• Law No. 14-10 dated 30 December 2014, concerning the finance law for 2015, O.G. No. 78, issued 31 December 2014.
• Law No. 22-18 dated 24 July 2022, concerning Investment, O.G. No. 50, issued 28 July 2022.
D. Decrees:
• Executive Decree No. 01-416 dated 20 December 2001, approving the Investment Agreement signed between the Investment Promotion and Support Agency and Orascom Telecom Algeria, O.G. No. 80, issued 26 December 2001.
• Executive Decree No. 07-121 dated 23 April 2007, implementing the provisions of Order No. 06-11 dated 30 August 2006, specifying the conditions and methods for granting concessions and transferring lands from state private property for investment projects, O.G. No. 27, issued 25 April 2007.
• Executive Decree No. 07-119 dated 23 April 2007, establishing the National Agency for Real Estate Mediation and Regulation and defining its legal framework, O.G. No. 27, issued 25 April 2007.
• Executive Decree No. 07-120 dated 23 April 2007, organizing the Committee for Site Determination, Investment Promotion, and Real Estate Regulation, and defining its structure and operations, O.G. No. 27, issued 25 April 2007.
• Executive Decree No. 09-152 dated 2 May 2009, specifying the conditions and methods for granting concessions on state-owned lands for investment projects, O.G. No. 27, issued 6 May 2009.
• Executive Decree No. 09-153 dated 2 May 2009, specifying the conditions and methods for granting concessions on remaining assets of liquidated public enterprises and managing surplus assets of public economic institutions, O.G. No. 27, issued 6 May 2009.
E. Regulations:
• Regulation No. 09-06 dated 26 October 2009, concerning the balance of foreign currency related to foreign investments or partnerships, O.G. No. 76, issued 29 December 2009.
Judicial Decisions:
• Algerian Court of Appeals, File No. 000114, Decision dated 09/01/2012, Case of Team (X) vs. Wali of Skikda, Supreme Court Journal, Issue 2, 2012, p. 472.
• Council of State, Decision No. 072133, dated 09/01/2014, (M.Y.) vs. Wali of Tiaret, available on the website: https://www.conseildetat.dz.
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