الحق في المعلومة دراسة في القوانين الجزائرية

Abstract

In this study, we addressed the topic of "The Right of Access to Information" as a fundamental pillar for establishing administrative transparency and activating anti-corruption mechanisms in contemporary legal systems, particularly following the 2020 Algerian Constitutional Amendment. Through this research, we aimed to deconstruct the conceptual and constitutional frameworks governing this right, while highlighting the obligations imposed on public administration and local authorities to enable individuals and researchers to access official documents. We also examined the legislative exceptions and restrictions imposed on this right to ensure a balance between transparency requirements, the protection of professional secrecy, and state security. To achieve these objectives, we adopted descriptive-analytical and comparative methodologies to assess the effectiveness of existing administrative and judicial guarantees. Finally, we reached a set of conclusions, most notably the urgent need to enact a specific, independent law regulating information access in Algeria, and to strengthen the powers of the administrative judge in judicial review and enforcement to deter administrative silence and achieve the desired digital transformation.