تكريس حق المتقاضي في الدفع بعدم الدستورية في النظام القانوني الجزائري

Abstract

This study examines the mechanism of the "Exception of Unconstitutionality" within the Algerian legal system as a fundamental guarantee for protecting rights and freedoms, with a specific focus on the pivotal role played by the Supreme Court as an initial screening and filtering body. The study aims to highlight the substantive and procedural conditions examined by the Supreme Court before referring the plea to the Constitutional Court, most notably: the relevance of the challenged text to the dispute, the absence of a prior ruling, and the element of "seriousness," which raises challenges characterized by relativity and variance in judicial discretion. Furthermore, the study discusses the procedural guarantees granted to the litigants and the automatic referral mechanism in the event of exceeding the legal two-month deadline in accordance with the provisions of Organic Law No. 22-19.