Work of the international seminar on the theme

"Constitutional justice and the protection of rights and freedoms".

On the occasion of the 30th anniversary of its creation, the Constitutional Council organized an international seminar on 23 and 24 February 2020 on the theme " Constitutional Justice and protection of rights and freedoms ".

This international conference was composed of two (02) workshops:

First workshop : constitutional justice and the protection of rights and freedoms in Algeria.

This first workshop was divided into four (04) axes :

The first axis, whose session under the chairmanship of Mr. Kamel Feniche, President of the Constitutional Council, dealt with “the Constitutional Council : Thirty (30) years in the service of the protection of rights and freedoms, composed of two communications, Chairman of the session Mr. Kamel Feniche, President of the Constitutional Council, and Gianni Buquiccio, President of the Venice Commission.

The Constitutional Council contributed since its creation to the protection of rights and freedoms enshrined in the Constitution, through its monitoring of texts that were submitted to it. Not only did the Constitutional Council protect these rights and freedoms, but it also developed constitutional principles through its power of interpreting constitutional provisions. The constitutional revision of 2016, introduced the mechanism of the exception of unconstitutionality according to specific conditions and procedures, as a new means of protecting rights and freedoms enshrined in the Constitution to enable the citizen to defend these rights and freedoms that are granted by the Constitution.

How did rights and freedoms form the basis for the Constitutional Council to constitutional monitoring of texts submitted to it?

What are the perspectives of the mechanism of the exception of unconstitutionality in reflecting a broader consecration of Constitutional rights and freedoms ?

The session of the second axis, chaired by Mr. Mohamed Habchi, vice-president of the Constitutional Council, dealt with "the foundations of rights and freedoms in Algeria", included a communication moderated by Mr. Youcef Belmahdi, Minister of Religious Affairs and wakfs.

The Islamic religion has recognized in its principles many rights and freedoms that were adopted by many legal systems. Furthermore, many rights and freedoms set forth in the Constitution have their roots in the Islamic precepts. Article 2 of the Algerian Constitution provides that “Islam is the religion of the State”. The Algerian legislator considers it as one of the sources of legislation.

What are the roots of these rights and freedoms?

To what extent did they evolve with regard to the world’s legal systems?

 

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The session of the third axis, under the chairmanship of Mr. Abdenour Graoui, member of the Constitutional Council, entitled: "Development of rights and freedoms in the Algerian Constitutions", included a communication moderated by Mr. Brahim Boutkhil, member of the Council constitutional.

This axis tackles different rights and freedoms enshrined in the Algerian Constitutions, as well as constitutional, legal and institutional mechanisms of their protection.

So, to which extent has the political, economic and social system an impact on the development of these rights and freedoms?And to what extent does the protection of these rights and freedoms contribute in the establishment of the Rule of Law?

The fourth axis, whose session chaired by Mr. El-Hachemi Brahmi, member of the Constitutional Council, dealt with: "role of jurisdictions in the promotion of the mechanism of the exception of unconstitutionality. This session included a presentation moderated by Mr. Abderrachid Tabi, First President of the Supreme Court.

The Constituent endowed ordinary and administrative jurisdictions with an important role in promoting the exception of unconstitutionality mechanism and ensuring a filter system that consecrates the seriousness of the exception that is referred to the Constitutional Council.

How do the jurisdictions ensure the conditions and modalities of exercising the exception of unconstitutionality? Moreover, what are the legal and regulatory framework within which these jurisdictions will refer the exception of unconstitutionality to the Constitutional Council?

Second workshop : "Constitutional justice and the protection of rights and freedoms:Comparative approach"                         

This workshop was structured around three (03) axes:

  1. Development of rights and freedoms in the Constitutions
  2. Rights and freedoms in the jurisprudence of the constitutional Courts and Councils.
  3. The exception of unconstitutionality as an efficient mechanism in the protection of rights and freedoms.

Chaired by Ms. Salima Mousserati, this axis included two presentations led by Mr. Akram Aref Messada, member of the constitutional court, representative of the union of Arab Courts and Councils, and Mr. Adlizio Agostino, teacher of Angolan constitutional law.

Round table on “Constitutional Justice and peace” ( social peace inside countries).

This round table was moderated by the President of the Constitutional Council, Mr. Kamel FENICHE, and in which participated, by their interventions, the presidents and heads of delegations of the Constitutional Council of Kazakhstan, Angola, Indonesia, Spain and Russia.

The debate of the panel is about the following issues:

  1. What is the notion of peace in the national constitutional corpus?
  2. To what extent the constitutional justice has contributed to social peacebuilding and its safekeeping.
  3. To what extent has the constitutional justice contributed in the transitional justice and national reconciliation.

With a view to enriching the debate, the President of the Constitutional Council, Mr. Kamel FENICHE, asked the participants lines of intervention which, in particular, focused on the sources and competences available to the Constitutional Courts and Councils to help maintain internal peace, their applications, their limits, as well as on the protection of rights and freedoms, the deepening of democracy and the State ofright as a prerequisite for peace.