PRIVILEGES AND RECLAMATION IN ALGERIAN LEGISLATION: BALANCING INVESTMENT PROMOTION AND FOOD SECURITY
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Abstract
The Algerian state, through its investment policy, aims to find an alternative to financial resources other than oil revenues. This has resulted in the issuance of numerous legal texts, which we have analysed in order to understand the mechanisms of concessions and reclamation for investment in agricultural land within Algerian legislation as two ways of achieving food security.
We concluded that the mechanism for exploiting agricultural land under Law 10/03 is the concession, along with its implementing decree 10/326. The mechanism of reclamation through cession is based on Law 83/18, which granted a five-year period to complete an appropriate project, with a resolutory condition to benefit from the cession in exchange for reclamation.
Regarding reclamation by concession: we distinguished between two phases: reclamation by concession, which could be converted into cession under the now repealed Executive Decree 97/483, and reclamation by concession, which could not be converted into cession under Executive Decree 21/432, amended and supplemented by Executive Decree 24/55, which negated the possibility of converting the concession into cession even after the land had been reclaimed. Executive Decree 24/55 introduced exceptional procedures for projects of a strategic nature, encouraging investments to achieve food security.
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References
Legal Texts
Ordinance 71/73 dated 8/11/1971 concerning the agricultural revolution, Official Gazette No. 97.
Law 83/18 dated 13 August 1983, concerning the acquisition of agricultural property, Official Gazette No. 34.
Law 87/19 dated December 8, 1987, concerning the regulation of the exploitation of agricultural lands belonging to national properties and defining the rights and obligations of producers, Official Gazette No. 50.
Law 90/25 concerning land orientation dated November 18, 1990, Official Gazette No. 49.
Law 08/16 dated 03/08/2008, concerning agricultural orientation, Official Gazette No. 46.
Law 10/03 dated 15/08/2010, which defines the conditions and methods for exploiting agricultural lands belonging to state properties, Official Gazette No. 46.
Executive Decrees
Executive Decree No. 97-483 dated December 15, 1997, which defines the procedures for granting the right to concession of plots from state-owned properties in rehabilitation areas and its burdens and conditions, Official Gazette No. 38.
Executive Decree 10/326 dated December 23, 2010, which defines the procedures for applying the right of concession for exploiting agricultural lands belonging to state properties, Official Gazette No. 79.
Executive Decree No. 20-265 dated September 22, 2020, establishing the Office for the Development of Industrial Agriculture in Desert Areas, Official Gazette No. 57.
Executive Decree 21-432 dated November 4, 2021, which defines the conditions and methods for granting lands belonging to state properties for rehabilitation under concessions, Official Gazette No. 85.
Executive Decree No. 24/55 dated January 32, 4220, amending and supplementing Executive Decree No. 21-432, which defines the conditions and methods for granting lands belonging to state properties for rehabilitation under concessions, Official Gazette No. 04
Ministerial Decisions
Decision of 11 November 2012 establishing the procedure for announcing candidacies and the criteria for selecting candidates for agricultural land concessions and land belonging to the State, Official Gazette No. 44 of 15 September 2013.
Joint Ministerial Decision of 29 November 2022, which establishes the procedures and deadlines for the compliance of rehabilitated lands, Official Gazette No. 02.
Books
Mahmoudi Abdel Aziz, “Investment in Agricultural Property through Concessions in Algerian Law in Light of the Latest Judicial Interpretations of the Supreme Court and the Council of State”, first edition, Bayt Al-Afkar for Publishing and Distribution, Algeria, 2019.
Academic theses
Sousan Bousbiat, “The legal system of agricultural property in Algeria: Agricultural Land Belonging to State Property,” Ph.D. Thesis, Private Law, Specialisation in Real Estate Law, 2017/2018, University of Constantine, Algeria.
Leila Labied, “The Concession Contract According to Executive Decree No. 97/483”, Master’s Thesis, Department of Private Law, Specialisation in Real Estate and Agricultural Law, Faculty of Law, Saad Dahlab University, Blida, Algeria, 2005.
Websites
madr.gov.dz - onta.dz - www.aps.dz