DIGITIZATION OF LITIGATION PROCEDURES IN ALGERIA: BETWEEN CONSOLIDATING THE MODERNIZATION OF JUSTICE AND VIOLATING THE FUNDAMENTAL PRINCIPLES OF LITIGATION
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Abstract
The digital development that the world has witnessed has also reached the justice sector in Algeria, despite its unique nature, as it is responsible for resolving various disputes in order to achieve justice and equality between litigants. In this context, the state has attempted to reform the judicial system by modernising it to increase its efficiency, improve judicial services and bring justice closer to the citizen through the possibility of electronic litigation in certain matters. However, this may conflict with the rights of litigants guaranteed by the Constitution, which is discussed in this study.
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References
First: Legal Texts
- International Texts:
United Nations Convention against Transnational Organized Crime, adopted and presented for signature, ratification and accession, pursuant to United Nations General Assembly Resolution 25, Session 55, dated 11/15/2000.
United Nations Convention against Corruption, adopted by the United Nations General Assembly in New York on 10/31/2003, ratified with reservations under Presidential Decree 02/55 dated 02/05/2002, Official Gazette of the People’s Democratic Republic of Algeria, No. 09, dated 02/10/2002.
United Nations Convention against Corruption, adopted by the United Nations General Assembly in New York on 10/31/2003, ratified with reservations under Presidential Decree 04/128 dated 04/19/2004, Official Gazette of the People’s Democratic Republic of Algeria, No. 26, dated 04/25/2004.
Arab Convention against Transnational Organized Crime, ratified under Presidential Decree 14/251 dated 09/08/2014, Official Gazette of the People’s Democratic Republic of Algeria, No. 56, 2014.
- National legislative texts:
Algerian Constitution, adopted by Presidential Decree No. 20-442, signed on 30 December 2020, Official Journal of the People’s Democratic Republic of Algeria, No. 82, dated 30 December 2020.
Law No. 05-10 of 20 June 2005, of which the Civil Code forms part, Official Journal of the People’s Democratic Republic of Algeria No. 44 of 26 June 2005.
Law 15/03 of 1 February 2015 on the modernisation of the judiciary, Official Journal of the People’s Democratic Republic of Algeria, No. 6, year 52, dated 2.10.2015.
Law 15/04 of 1 February 2015 on electronic signatures and certification, Official Journal of the People’s Democratic Republic of Algeria, No. 6, Year 52, dated 10 February 2015.
Decree No. 20/04 of 30 August 2020 amending and supplementing Decree No. 66/155 of 8 June 1966, including the Code of Criminal Procedure, Official Journal of the People’s Democratic Republic of Algeria, No. 51 of 31 August 2020.
Law No. 22-13 of 12 July 2022 amending and supplementing Law No. 08-09 of 18 Safar 1429 of 25 February 2008, including the Code of Civil and Administrative Procedure, Official Journal of the People’s Republic of Algeria No. 48 of 17 July 2022.
- Regulatory Texts:
Executive Decree 07-162 dated May 30, 2007, relating to the operating system applicable to each type of network, including wireless electrical networks, and to various wired and wireless communications services, Official Gazette of the People’s Democratic Republic of Algeria, No. 37, dated June 7, 2007.
Executive Decree 23/342 dated 09/27/2023 amending and supplementing Executive Decree 04/333 dated 10/24/2004, including the organization of the central administration in the Ministry of Justice, Official Gazette of the People’s Democratic Republic of Algeria, No. 64, dated October 5, 2023.
Secondly: References
Omar Zouda, Civil and Administrative Procedures in the Light of Jurisprudential Opinions and Judicial Rulings, 3rd Edition, Dar Belqis, Algeria, 2023.
Hazem Muhammad Al-Shar’a, Electronic Litigation and Electronic Courts, Dar Al-Thaqafa, Jordan, 2010.
Khaled Mamdouh Ibrahim, Electronic Litigation, the Electronic Lawsuit and its Procedures before the Courts, 1st Edition, Dar Al-Fikr Al-Jami’i, Egypt, 2008.
Thirdly: University Theses
Haddad Abdelmajid, Constitutional Guarantees of the Right to Litigation and Manifestations of its Violation in Algeria, Doctoral Thesis, Major in Public Law, Faculty of Law and Political Science, University of Hajj Lakhdar Batna, Algeria, 2019-2020.
Fourthly: Scientific Articles
Ashraf Gouda Muhammad Mahmoud, Electronic Courts in the Light of Contemporary Procedural Reality, Journal of Sharia and Law, No. 35, Part 3, 2020, Egypt.
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Badiar Maher and Kilani Nadhira, Obstacles to the Electronic Litigation System, Al-Basair Journal for Legal and Economic Studies, Special Issue, December 2021, Algeria.
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Khalil Muhammad, Barabah Zian, Electronic Litigation in Algerian Law, Algerian Journal of Law and Political Science, Volume 07, Number 1, 2022, Algeria.
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Zarari Nisreen, Bouqra Ismail, Towards the Transition to the Digital Court, Journal of Rights and Political Science, Volume 10, Number 2, 2023, Algeria.
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Othmani Laila, The Electronic Litigation System is a Mechanism for the Success of Development Plans, Al-Mufakker Journal, No. 13, 2016, Algeria.
Awatif Louz, Digitization of Criminal Procedures - Remote Visual Conversation Technology as a Model - Journal of Law and Society, Volume 9, Number 2, 2021, Algeria.
Lureed Mohammad Ahmed, Respecting the Right of Defense is a Guarantee of a Fair Trial, Academic Journal of Social and Human Studies, No. 19, January 2018, Algeria.
Mabrouk Linda, Guarantees of a Fair Trial Through the Use of Visual Conversation Technology, Journal of Rights and Human Sciences, Volume 15, Number 1, 2022, Algeria.
Moukhal al-Din Othman Jaman, Mahmoud Ali al-Omari, Electronic Litigation Through Raising the Electronic Lawsuit, Arab Journal of Sciences and Publication, Journal of Economic, Administrative and Legal Sciences, Volume 6, Number 10, 2022, Palestine.
Yahya Abdel Aziz, Remote Litigation and Guarantees of a Fair Trial in Light of the Corona Pandemic, Al-Miyar Journal, Volume 27, Number 1, Year 23, Algeria.
Islam Abdel Moneim Al-Sayyad, Electronic Litigation Through Digital Means - A Comparative Study - Legal Journal, Volume 17, Number 3, 2023, Egypt.
Marzouk Mohammad, The Principle of Speedy Trial and its Impact on Judicial Work in Algerian Criminal Legislation, Journal of Human Research and Studies, Volume 14, Number 2, 2020, Algeria.
Messaoudi Mohammad Lamine, The Principle of Confrontation Between Litigants Before the Judiciary - A Comparative Study Between Algerian Law and Islamic Sharia, Journal of Islamic Studies, No. 9, June 2017, Algeria.
Yahyaoui Tarik, Khamkani Karima, The New Digital Guarantees in the Law on Modernization of Justice 15/03: Evidentiary Authority for Establishing the Provisions of Electronic Notification as a Judicial Procedural Proposal, Journal of Legal and Economic Research, Volume 6, Number 2, 2023, Algeria.
-Ledy Rivas Zannou, Digital Justice, Reality, Cryptography, and Projection, Lex-Electronica, No. 26-2, Special File, France, 2021.
Fifth: Websites
Algerian Ministry of Justice website, www.mjustice.dz. Accessed on: January 25, 2024, at 2:00 PM.
Public Prosecution website: https://e-nyaba.mjustice.dz. Accessed on: January 25, 2024, at 2:00 PM