التكريس الدستوري لمبدأ حرية الاستثمار في الجزائر: قراءة في الضمانات والقيود

Abstract

The amendment of the Algerian constitution for the year 2016 for the first time enshrined the principle of freedom of investment, and in line with this, the legislator, through Law No. 16_09 related to the promotion of investment, embodied this principle through a set of legal guarantees that provide legislative stability and helps to encourage investments and protect the rights of the investor and his investment project, but it contained some restrictions that affect attracting investors, and the study aims to highlight the most important of these guarantees and their adequacy, as well as shed light on the set of restrictions and obstacles that would affect the attraction of national and foreign investments. By analyzing the various legal texts for investment, a conclusion was reached that the principle of freedom of investment is recognized within the constitution, but it is not actually embodied on the ground, due to the deficiency of the legislative framework that establishes its guarantees, which is reflected in the continuous decline in the volume of investments. This threatens the effectiveness of reforms aimed at diversifying the sources of the national economy and achieving the desired economic development.