PRINCIPLES OF INVESTMENT IN LIGHT OF LAW NO. 22/18 ON INVESTMENT
Main Article Content
Abstract
This article delineates the foundational principles underpinning Algeria’s investment policy, notably the principles of investment freedom, equality, and transparency, which serve as essential tools for enhancing the business environment and attracting capital. The principle of investment freedom affords investors the autonomy to initiate projects without being encumbered by cumbersome bureaucratic obstacles, while simultaneously underscoring the necessity for legal frameworks and limitations that uphold the sovereignty of the state over its territorial integrity. The principle of equality is designed to ensure equitable treatment of all investors, whether domestic or foreign, by providing balanced opportunities and eliminating any tendencies towards discrimination or preferential treatment, thus fostering a dynamic economic atmosphere. In terms of transparency, the principle guarantees a clear and stable investment environment by ensuring the availability of legal and administrative information, promoting the digitization of procedures, and enhancing regulatory oversight. In conclusion, embedding these principles into practice is a critical step towards stimulating productive investments, bolstering the national economy, and establishing more reliable and sustainable economic partnerships.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Constitution of the Algerian Republic, 1989, issued by Presidential Decree No. 89-, dated February 22, 1989, Official Gazette No. 64. (Repealed)
Constitution of the Algerian Republic, 1996, dated December 8, 1996, Official Gazette No. 1996.
Law No. 16-01, dated March 6, 2016, regarding the constitutional amendment, Official Gazette No. 14, issued on March 7, 2016.
Presidential Decree No. 20-442, dated December 30, 2020, concerning the issuance of the constitutional amendment, Official Gazette No. 82, issued on December 30, 2020.
Organic Law No. 23-14, dated August 27, 2023, concerning media, Official Gazette No. 56.
Ordinance No. 75/58, dated September 26, 1975, concerning the Civil Code, Official Gazette No. 78, amended and supplemented.
Ordinance No. 75/59, dated September 26, 1975, concerning the Commercial Code, Official Gazette No. 101, amended and supplemented.
Law No. 90/10, dated April 14, 1990, concerning the Monetary and Credit Law, Official Gazette No. 16. (Repealed).
Legislative Decree No. 93/12, dated October 5, 1993, concerning investment promotion, Official Gazette No. 64. (Repealed).
Law No. 2000/05, dated December 6, 2000, amending and supplementing Law No. 98/06, which sets the general rules related to civil aviation, Official Gazette No. 78.
Ordinance No. 01/03, dated August 20, 2001, concerning investment development, Official Gazette No. 46. (Repealed).
Law No. 03/10, dated July 19, 2003, concerning environmental protection within the framework of sustainable development, Official Gazette No. 43.
Law No. 04/08, dated August 14, 2004, concerning the conditions for conducting commercial activities, Official Gazette No. 52.
Law No. 06-01, dated February 20, 2006, concerning the prevention and combating of corruption, Official Gazette No. 74, amended and supplemented.
Law No. 15/18, dated December 30, 2015, including the Finance Law for 2016, Official Gazette No. 62.
Law No. 19/14, dated December 11, 2019, concerning the Finance Law, Official Gazette No. 81.
Law No. 20/07, dated June 4, 2020, concerning the supplementary Finance Law for 2020, Official Gazette No. 33.
Law No. 23-20, dated December 2, 2023, concerning audiovisual activities, Official Gazette No. 77.
Executive Decree No. 97/40, dated January 18, 1997, concerning the criteria for determining regulated activities and professions subject to registration in the commercial register and their regulation, Official Gazette No. 5.
Executive Decree No. 15/234, dated August 29, 2015, specifying the conditions and procedures for practicing regulated activities and professions subject to registration in the commercial register, Official Gazette No. 48.
Executive Decree No. 21/145, dated April 17, 2021, specifying the list of activities with a strategic nature, Official Gazette No. 30.
Law No. 22/08, dated May 14, 2022, concerning the establishment, organization, and powers of the High Authority for Transparency, Prevention, and Combating Corruption, Official Gazette No. 32.
Books:
Saida Al-Kilani, Bassem Sakja: Nuhur Shafafiya Urduniya, 1st Edition, Archive Foundation, Amman, 2000.
Articles:
Kahina Erzil, An Overview of the New Investment Law of 2022, Critical Journal of Law and Political Science, Faculty of Law and Political Science, University of Tizi-Ouzou, Journal 17, No. 02, 2022.
Khadiji Ibrahim, Essam Najah: "Restrictions on the Principle of Investment and Trade Freedom in Algerian Law," Political and Legal Notebooks, University of Qassadi-Merbah, Ouargla, Volume 17, Issue 1, 2025.
Lamiya Hassaini, The Status of the Principle of Non-Discrimination Among Investments in Algerian Law, Journal of Studies on the Effectiveness of Legal Rules, Volume 03, Issue 02, 2019.
Nabil Nouis, Saryak Massouda, The Role of the Principle of Transparency as a Preventive Measure to Combat Corruption in Algeria According to Law No. 06-01, Journal of Legal Studies, Institute of Law and Economic Sciences, Si-Hawas Brika University, Algeria, Issue 2, 2018.
Nabil Wanas, Digitization of the Investment Sector in Algeria in Light of Law 22-18, Journal of Legal and Social Sciences, Zian Achour University, Djelfa, Algeria, Volume 08, Issue 03, 2023.
Wahiba Belbaki, Madiha Fahla: The Principle of Transparency in the Management of Public Administrative Affairs, Journal of Rights and Freedoms, Mohamed Khider University, Faculty of Law, Biskra, Volume 10, Issue 01, 2022.
Lectures:
Farid Abbas, Lectures on Investment Law, directed at first-year Master's students specializing in Business Law, Department of Law, Faculty of Law and Political Science, Mohamed Bougara University, Boumerdes, Algeria, 2022-2023.
Fawzia Zamouch, Lectures on Environmental Law and Sustainable Development, directed at first-year Master's students specializing in Urban Planning and Development, General Department, Faculty of Law, University of the Brothers Mentouri, Constantine, 2021-2022.
Doctoral Theses:
Fares Ben Alouch Ben Badi Al-Sebai: The Role of Transparency and Accountability in Reducing Administrative Corruption in Government Sectors, PhD Thesis, Naif Arab University for Security Sciences, College of Graduate Studies, Saudi Arabia, 2010.