النظام القانوني لسلطتي ضبط القطاع النقدي و المصرفي في ظل القانون رقم 23-09

Abstract

The blindness of every step became clear that my competence in regulating the monetary and banking sector was established under Law No. 90-10, which deeply integrates the cash and lending laws. It is among the economic sector management methods that Algeria adopted in the early nineties, in response to severe economic crises on one hand, and the global economic shift towards market liberalization on the other. This led to the withdrawal of authoritarian regulation from economic sector management and the establishment of streamlined administrative competence to replace my role in overseeing implementation.

In view of the sector's sensitivity, a legal framework was quickly constructed, evolving through amendments that altered the original legal foundation, culminating in its repeal under Order 03-11, and ultimately to the current legal system under Law No. 23-09, focusing on the cash and banking sector. The legislative texts reveal the legislator's intent to systematically review the legal framework, whether organically by reconsidering human composition, or functionally by granting regulatory authority to issue executive decisions. Reforms also addressed investment and digitalization of the sector in line with global developments, as well as reliance on Islamic finance to meet universal economic demands, especially savings. Furthermore, they strengthened oversight, expanded banking services, and empowered cash and banking authority through credit withdrawal oversight. The legislator also reinforced constitutional guarantees, particularly concerning the judiciary, by reviewing the competent court jurisdiction that now hears cancellation suits, shifting from the State Council to the Administrative Court of Appeal in Algiers.