Algiers, DZWatch – Minister of Justice, Lotfi Boujemâa, presented the draft organic law pertaining to the fundamental statute of the judiciary to the Legal, Administrative Affairs, and Freedoms Committee of the National People’s Assembly (APN) this Sunday.
During the presentation, Minister Boujemâa stated that the current statute of the judiciary, enacted in 2004, has become increasingly incompatible with the profound political, social, and institutional transformations Algeria has undergone, particularly since the adoption of the 2020 Constitution.
The draft law, comprising 110 articles, focuses on several key areas. A central element is the strengthening of the High Council of the Judiciary’s (CSM) oversight over all professional and disciplinary matters related to judges. This includes a proposal to entrust the CSM exclusively with managing judges’ career paths.
The draft also proposes the creation of new judicial functions that qualify for promotion to the Supreme Court and the Council of State, with the CSM having the authority to assign individuals to these positions. This specifically refers to the function of an assistant judge.
Regarding the reinforcement of judicial independence and the preservation of the judiciary’s integrity, the draft law outlines criteria for the transfer of judges. It allows for transfer requests within the framework of the annual judicial reshuffle or for objective reasons, notably professional competence, seniority, and the judge’s family and health situation. It also addresses other rights enjoyed by judges.
These rights include the right to engage in trade union activities, take leave, and receive state protection against attacks or threats encountered during or in connection with the performance of their duties. To ensure the proper functioning of justice, the draft law prohibits judges from belonging to political parties, engaging in any political activity, holding political elective office, or engaging in other gainful employment, with the exception of teaching and training with the permission of the Chairman of the CSM’s Permanent Bureau.
Minister Boujemâa further noted that the draft law defines safeguards for disciplinary proceedings against judges, exhaustively lists serious professional misconduct that could lead to dismissal, and outlines procedures for suspension and disciplinary or criminal prosecution. It also grants the Inspectorate General of the Ministry of Justice the authority to initiate disciplinary action against judges on behalf of the Minister of Justice.
Furthermore, the draft sets out the provisions for the pension system applicable to judges, who benefit from the same pension system as senior civil servants, and restricts the conditions for retirement to age and length of service.
