The Legal System of the Supreme Judicial Council in Algeria in Light of the New Judiciary Law: A Comparative Study with the French System

Abstract

This academic article examines the legal system of the Supreme Judicial Council (Conseil Supérieur de la Magistrature) in Algeria in light of the profound reforms introduced by the 2020 Constitutional Amendment and the new organic laws of 2022 (Organic Law 22-11 relating to the Supreme Judicial Council and Organic Law 22-12 containing the Basic Law of the Judiciary). The study aims to analyze the new composition of the Council, its powers, and guarantees of its independence, while conducting a comparative analysis with its French counterpart. The article highlights the radical transformation in the presidency of the Council in Algeria, where the President of the Republic now presides over it with the possibility of representation by the First President of the Supreme Court, and the expansion of its composition to include elected judges and personalities from outside the judicial system. The study also discusses the strengthening of the Council's powers in the fields of appointment, promotion, and disciplinary action, and compares this with the structural duality of the French Council (the composition of judges and the composition of prosecutors). The study concludes that the Algerian reforms represent an important step towards establishing the independence of the judicial authority, despite the persistence of some practical challenges that require genuine implementation of the legal provisions.