Economic control authorities: a reading of Algerian law
DOI:
https://doi.org/10.54103/milanlawreview/27709Parole chiave:
judicial power, administrative sanctions, economic control authorities, banking commissionAbstract
The emergence of independent administrative authorities and their granting of repressive powers in matters of economic control are the result of the economic transformations that Algeria has experienced since the adoption of the free economic approach. Given the adoption of this approach, the judiciary was not prepared to examine the conflicts arising from this development, but remained unable to keep up with the pace and techniques. These new economic areas have led the legislator to grant repressive powers to independent supervisory authorities in most economic sectors. The repressive powers of independent police authorities result from the phenomenon of decriminalization, which involves the removal of the repressive power of the criminal judge in favor of other bodies and the replacement of criminal sanctions by administrative sanctions.
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Riferimenti bibliografici
AISSAOUI Azedine, The repressive power of independent administrative bodies in the economic and financial field, Majistere's dissertation, Faculty of Law, Mouloud Mammeri University, Tizi Ouzou, Algeria, 2004-2005.
AIT MOULOUD Fatih, Protection of Savings Invested in Movable Values in Algerian Law, PhD thesis, University of Tizi Ouzou, Algeria, 2012.
BEN LATRACH Mona, Independent administrative authorities in the banking field: a new face of the role of the State, Administration Review, National School of Administration, Algeria, Volume 12, Number 2, 2002.
BENAMRANE Souhaila, JABALI Sabrinah, the extent of the legitimacy of the repressive power conferred on independent administrative authorities, Journal of Law and Political Science, University of Khenchela, Algeria, Volume 7, Number 2, June 2020.
BENAZOUZ Fatiha, The role of the regulatory and supervisory committee for stock market operations in the protection of the shareholder of a joint stock company, Doctoral thesis, Faculty of Law and Political Science, Abu Bakr Belkaid University, Tlemcen, Algeria, 2015/2016
BENKERRI Sofiane, Decriminalization of commercial company law, Academic journal of legal research, Faculty of law and political science, University of Béjaïa, Algeria, number 2, 2017.
BOUAZZA Diden, The supervisory performance of the Committee for Regulation and Supervision of Stock Exchange Operations on trading operations, Journal of Legal Studies, Laboratory of Fundamental Private Law, Faculty of Law and Political Sciences, Abou Bakr Belkaid University, Tlemcen, Algeria, N 11, 2014.
DEGOFFE (M), “Constitution and economic normative competences of regulatory authorities”, L.P.A. Special issue, January 22, 2009, No. 16.
DELMAS-MARTY (M) and TEITGEN-COLLY (C), Punish without judging? From administrative repression to criminal administrative law, Economica, Paris, 1992.
DELVOLVÉ (P), “The power of sanction and the control of the judge”, LPA, n°185, September 2001.
DELZANGLES (H), The independence of sectoral regulatory authorities: electronic communications, energy and postal services, doctoral thesis in law, Montesquieu-Bordeaux IV University, 2008.
DOUEB (F), Financial sanctions of administrative authorities, Doctoral thesis in law, Paris II, 2003.
EPRON (Q), “The status of regulatory authorities and the separation of powers”, RFDA, 2011.
FRISON-ROCHE (M-A), “The law of regulation”, Dalloz, 2001, n°7.
LEVASSEUR (G), “The problem of decriminalization”, Archive of criminal policy, No. 06, 1983.
GUEDON Marie-José, Independent administrative authorities, General bookstore of law and jurisprudence, Paris, 1991.
GUYOMAR (M), “Administrative sanction”, LPA, n°9, 2006.
HADRI Samir, Independent administrative authorities who decide in economic and financial matters, Doctoral thesis, Faculty of Law and Commercial Sciences, M’hamed Bougra University, Boumerdes, Algeria, 2006.
HASSOUNA Abdelghani, The specificity of the punitive system in commercial crimes, Al-Mufakir review, Mohamed Kheidar University, Biskra, Algeria, Volume 15, Number 03, 2020.
J.-M. COULON, The decriminalization of business life, French documents, 2008.
LOMBARD (M), “Institutions of economic regulation and political democracy”, A.J.D.A. n°10, 2005.
GUEDON Marie-José, The independent administrative authorities, general bookstore of law and jurisprudence, Paris, 1991.
MICHEL Gentot, Independent administrative authorities, 2nd Édition, LGDJ, Paris, 1994.
ODERZO (J-C), Independent administrative authorities and the constitution, doctoral thesis in law, University of AIX-Marseille, 2000.
QUILICH (P), “Regulating is not judging: reflection on the nature of the sanctioning power of economic regulatory authorities”, AJDA, n°20, 2004.
ROSENFELD(E) and VEIL(J), “Administrative sanction, criminal sanction”, Powers, January 2008, no. 128.
SOHN (B-H), The process of decriminalization in contemporary criminal law, thesis, University of Paris I, 2005.
SOUALHIA Imad, Approval of the Punitive Authority of Independent Administrative Bodies, Journal of Social and Human Sciences, University of Tebessa, Algeria, Volume 10, Number 3,2017.
TEITGEN-COLLY (C), “Regulatory bodies and the constitution”, RDP, 1990.
Thomas Pez, “Economic public order”, New Notebooks of the Constitutional Council, no. 49, October 2015.
ZOUAIMIA Rachid, Independent administrative authorities and economic regulation, IDARA, No. 26, 2003.
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