A READING OF LAW NO. 22-08 REGULATING THE SUPREME AUTHORITY FOR TRANSPARENCY, PREVENTING AND COMBATING CORRUPTION

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ABDENOUR BECHANE

Abstract

We can only say that the legislator, by reviewing the provisions of Law No. 22-08, had a genuine intention to embody transparency in order to prevent and combat corruption by facilitating the role of the Supreme Authority to achieve this noble objective. Despite the independence granted to it in administrative and financial matters, we believe that it has not been able to fully realize this sovereignty due to its implicit dependence on the President of the Republic. There is no independence without absolute independence. Therefore, it would be beneficial for the legislator to address this point by at least establishing an electoral mechanism for the President of the Supreme Authority and its council members to ensure independence in a democratic Algeria.

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References

- Jalal Massad, "The Independence and Neutrality of the Competition Council," Critical Journal of Law and Political Science, Faculty of Law and Political Science, University of Tizi Ouzou, Issue 1, 2009, p. 239.

- Presidential Decree 20-442, issued on December 30, 2020, concerning the amendment of the constitution ratified in the referendum of November 1, 2020, Official Gazette No. 82, dated December 20, 2020

-Ijabi Elias, "The Legal Framework of the High Authority for Transparency and Prevention of Corruption Under Law 22-08," Journal of Judicial Efforts, Faculty of Law and Political Science, University of Biskra, Volume 15, Issue 1, March 2023, p. 151.

-Hltali Ahmed, "Law Establishing the High Authority for Transparency, Prevention, and Fight Against Corruption 22-08—What Change and What Benefit?" Journal of Legal Studies and Research, Faculty of Law and Political Science, University of M'sila, Volume 8, Issue 1, 2023, p. 356.

- Rachid Khelloufi, "Regulatory Institutions in Algerian Law," IDARA Review, No. 28, National School of Administration, Algeria, 2004, p. 100.

- Akou Fatima Zahra, "The Effectiveness of the Role of the High Authority for Transparency, Prevention, and Fight Against Corruption After the Issuance of Law 22-08," Algerian and Comparative Public Law Journal, University of Sidi Bel Abbes, Volume 08, Issue 02, December 2, 2022, p. 507.

- Law 22-08, issued on May 5, 2022, defining the organization, formation, and powers of the High Authority for Transparency, Prevention, and Fight Against Corruption, Official Gazette No. 32, issued on May 14, 2022, p. 6.

- Law 06-01, issued on February 20, 2006, concerning the prevention and fight against corruption, Official Gazette No. 14, issued on March 8, 2022, p. 6.

- French Council of State, Public Report (Independent Administrative Authorities), Studies and Documents, No. 52, 2001, p. 291. [Link](https://www.vie-publique.fr/rapport/24697-rapport-public-2001-conseil-etat-autorites-administratives-independantes), Date of visit: 15/02/2025.