EFFECTIVENESS OF THE ROLE OF HIGHER AUTHORITY FOR TRANSPARENCY, PREVENTION AND COMBATING CORRUPTION IN ACHIEVING THE PREVENTION OF CORRUPTION FROM THE PERSPECTIVE OF ALGERIAN LAW NO. 22-08
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Abstract
Algerian legislator has adopted a strategy that blends deterrence and prevention to confront and combat corruption. Preventive mechanisms are in place in advance to reduce the incidence of corruption, and prevention policy relies mainly on bodies, the most important of which is the Higher Authority for Transparency and Prevention of Corruption, an independent constitutional institution It was created by the Constitutional Amendment of 2020, followed by the promulgation of its Organic Law No. 22-08, which expanded its powers in the preventive field, such as its competence to receive property declarations and ensure their processing and control. It was entrusted with oversight functions to notify the competent judicial authorities of corruption offenses. Also, it was given the authority to carry out administrative and financial investigations into manifestations of illicit enrichment of the employee, as well as other powers aimed at achieving the highest indicators of integrity and transparency in the conduct of public affairs, career ethics, the promotion of good governance, prevention and the fight against corruption.
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References
Constitutions:
- The Constitutional Amendment of 2020 issued by the Presidential Decree No. 20-442 of 30 December 2020, Official Gazette 82, 30 December 2020.
- The Constitutional Amendment of 2016 issued by Law No. 16-01 of 6 March 2016, Official Gazette 14, 7 March 2016.
Laws:
- Law No. 06-01 on the prevention and control of corruption of 20 February 2006. Official Gazette 14, 08 March 2006.
- Law No. 22-08 on the Organization of the Higher Authority for Transparency, Prevention and Combating of Corruption, promulgated on May 05, 2022. Official Gazette 32, 14 May 2022.
Decrees:
- Decree No. 04-128 of 19 April 2004 ratifying with reservation the Convention against Corruption adopted by the United Nations General Assembly in New York on 31 October 2003. Official Gazette 26, 25 April 2004.
- Decree N° 06-137 of 10 April 2006 ratifying by African Union Convention on Preventing and Combating Corruption adopted in Maputo on July 11, 2003. Official Gazette N° 24, 16 April 2006.
- Decree N°14-249 of 8 September 2014 ratifying the Arab Convention against corruption adopted in Cairo on December 21, 2010. Official Gazette N°54, 21 September 2014.
Theses and Dissertations:
- Mohammed bin Ahmed bin Ali al-Kathiri (2018), Mechanisms for Combating Financial Corruption in International Charters and the Saudi Regime, Magister's Thesis, Al-Sharq Al-Arabi Graduate School, Saudi Arabia.
Journal Articles
- Anan Karima, Declaration of Property as a Mechanism for Prevention of Corruption, Algerian Journal of Business Law, Volume 2, 1, December 2021. (URL: https://asjp.cerist.dz/en/article/172872 )
- Belatel Ayache, An Economic reading of legal and constitutional mechanisms to curb the phenomenon of corruption in Algeria, El Bahith Review, 21, 2021.
- Daim Nawal, Derrar Abdelhadi, The Newly Established Constitutional Mechanism for Prevention and Combating Corruption In Algerian Constitution of 2020 and Legal Texts, Russian Law Journal, Volume XII, Issue 1, 2024. (URL: https://russianlawjournal.org/index.php/journal/article/view/3855 )
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- Gharbi Ahsan, Higher Authority for Transparency, Prevention and Combating of Corruption under the Constitutional Amendment 2020, Research Journal, Volume 6, 1, 2021. (URL : https://asjp.cerist.dz/en/article/153349 )
- Gomiri Hamidiya, Effectiveness of the Anti-Corruption Mechanism in Algeria, “National Authority for Combating Corruption, Central Bureau for the Suppression of Corruption”, Al-Biban Journal of Legal and Political Studies, volume 7, 1, June 2022. (URL : https://asjp.cerist.dz/en/article/194105 )
- Jazul Saleh, Property Declaration Mechanism for Preventing and Combating Corruption, Researcher Academic Studies, Volume 8, 2, April 2021. (URL : https://asjp.cerist.dz/en/article/109406 )
- Linda Baghdadi, Priority of preventive policy over repressive policy in combating money laundering under Law No. 06-01 on preventing and combating corruption, Journal of Legal Analyst, Volume 5, 1, June 2023. (URL : https://asjp.cerist.dz/en/article/225184 )
- Mouzaoui Akila, Algerian Constitutional Institutions Active in Governing in Accordance with the 2016 Constitution, Journal of Legal Studies, Volume 4, 1, January 2018. (URL : https://asjp.cerist.dz/en/article/43427 )
- Othman Huitheg, Mohamed Lamine Sellekh, Legal System of the Higher Authority for Transparency, Prevention and Combating of Corruption, Journal of Legal and Political Sciences, Volume 13, 1, April 2022. (URL : https://asjp.cerist.dz/en/article/186431 )
- Vito Tanzy, Corruption around the word: causes, consequences, scope, and curses, IMF Working Paper, International Monetary Fund, May 1998. (URL: https://www.imf.org/en/Publications/WP/Issues/2016/12/30/Corruption-Around-the-World-Causes-Consequences-Scope-and-Cures-2583