مجلة الباحث في العلوم القانونية و السياسية
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The Abolition of the Second Parliamentary Chambers in Egypt and Tunisia: a salutary choice or a democratic set-back
Dr. Fathi ZERARI
This research studies, from a comparative perspective and with a particular reference to the French bicentennial bicameral experience, the causes that led to the abolition of the parliamentary upper chambers in Egypt and Tunisia. Though both countries opted for the same unicameral choice in their current constitutions, adopted in 2014, the sociopolitical outcomes of such a choice are not the same. Actually, the unicameral Tunisian parliament seems better adapted to the sociopolitical context, while Egypt hassubstituted an inefficient bicameralism with an inadequate unicameralism.
The effectiveness of INTERPOL's fight against terrorism
أ.عبد الرحمن علي إبراهيم غنيم
The study aimed at revealing the effectiveness of INTERPOL in combating and countering terrorism, clarifying what is meant by terrorism and its motives, clarifying the objectives that terrorism aims to achieve, clarifying what is meant by the concept of the International Criminal Police Organization and clarifying its tasks. The study concluded that terrorism is an inevitable result of economic and material pressures Terrorist groups and organizations consider the unemployed youth or those who are away from religion an easy catch to join them, because they imagine that these organizations will give them in return for money. The International Criminal Police Organization (INTERPOL) has, since its inception and inception, worked to combat terrorism through the effective and safe coordination of all Member States of the Organization, in order to follow up, prosecute and extradite terrorist criminals to the headquarters of the organization and then hand them over to the Center. National Interpol in the country concerned. The study recommended that INTERPOL's scope of work should be broadened and not limited to prosecution only for criminal offenses, as terrorist crimes often fall within political, national or religious crimes.
Civil liability of the producer under Algerian law
The international community is witnessing a revolutionary evolution in all areas of our lives with the aim of improving the standard of living of the individual and creating a prosperous society. The increasing development of the mechanisms of the global market, in all directions, in particular concerning the technological industry has yielded many and diverse products that are in permanent evolution and which are indispensable to our daily or professional life. Algeria, at the heart of these transformations, is experiencing a new era with the free market economy that has succeeded to the socialist economic model; this has led to the flooding of the national market of various products and, in turn, raised consumption rates without adequate awareness. Producers benefit from this situation even if it is to the detriment of the consumer. As a result, the Algerian legislator has recognized the civil liability of producers in order to make justice for the vulnerable party, which is the consumer. Keywords:The civil responsibility, defective product
THE APPLICATION OF GENEVA CONVENTION ABOUTPRISONERS OF WAR ON GUANTANAMO DETAINEES
د. يشوي لندة
The American war on Afghanistan is one of the wars that marked the beginning of the twenty-first century. It has many results on international level, both politically and legally, like the establishment of the so-called Guantánamo Bay. A detention camp witch included a large number of prisoners who were not recognized by the United States for any legal rights as prisoners of war. Because they described them as illegal combatants captured during the so-called war against terrorism. This raises many legal questions about the legality of US practices in this detention camp. Do these detainees actually depart from the international concept of prisoners of war and therefore the third Geneva Convention is not applicable for theme or they are like any other prisoners ,and can be a subject to the rules of international humanitarian law and human rights? . Keywords: Guantánamo Bay - Afghanistan War - Prisoners of War - Third Geneva Convention
principles of environmental law as mechanismsfor achieving human securityas mechanisms in Algerian legislation
د. منصر نصر الدين
Abstract :Environmental risk have become one of the most important sources of threats to human security, because the environment surrounds a person and affects his life, whether positively or negatively. It has become an obsession for the various countries of the world and has taken a large area of attention at the international and national levels, making the countries move towards holding conferences to search for ways to ensure their sustainability and maintain human security. These conferences embodied a set of rules and principles embodied by the states in their internal legislations similar to the Algerian legislator who established Law 10-03 related to environmental protection within the framework of sustainable development on a set of general principles derived from the state agreements, aiming to ensure the sustainability of an environment through a developing economy It meets all the requirements of life that make a person feel safe from health, food, and economic and environmental security. KeyWords :Environmental risk, human security, principles of environmental law, sustainable development.
The role of electronic management in activating public –service performance - the justice sector as a model
د: بوبكر صبرينة
ألستـاذة: خمايسية حفيظة
Algeria has included several changes to different horizons of life, political, economic and cultural, as affected as other countries in the world, to the phenomenon of globalization, which has formed a challenge to the general administration of Algeria , The need to deal with the various developments that have emerged in information and communication technology, and related to the field of public service, and therefore the modernization of public administration to take the procedures for technical change and legislative, with a view to electronic management, especially in the justice sector, which was the first reform project in the government program, which was launched in 1999, as one of the most important sectors, which has followed the pace of technological development, and which has obtained satisfactory results on the ground, which reflects positively on each of: citizens, and the litigant, and the employee of the sector. Key words: public service - electronicadministration - information technology - justice sector.
Algerian public security policy between sovereign commitments and regional challenges
This document deals by the study and analysis of the three main axes: the first axis deals with the general framework of Algeria's public security policy by standing up to its characteristics, then identifying its most important objectives and finally we study the institutions of making this policy as it is complex and dynamic, and the second axis focuses on the challenges of Algerian security policy at the local, Maghreb, African and Mediterranean zone, and to reveal how the Algerian political system is doing to face these threats. Finally, we devote the third axis to the evaluation of the Algerian security policy in terms of its achievements and failures. Keywords:Algerian public policy, national security, the threat.
Humanitarian Intervention In Islamic Jurisprudence And International Law
د. سهام قواسمية
Islam calls for intervention to defend the oppressed within the framework of humanitarian norms through the theory of rescue, which does’nt make difference between a person and another or between a place and another . All are equal before the law and partners in humanity, and there is no difference that a man is a Muslim or a non-Muslim. but international law, which based on the idea that human rights are out of the reserved area of the state, which ratified the human rights charters of their own free will, therefore any intervention to commit them to meet their obligations by ratifing the international conventions, is not intrusive because these countries are considered to have waived its ratification of the narrow concept of sovereignty, Thus, the concept of sovereignty has changed from the state sovereignty to the sovereignty of international community. who has the right to demand the state to respect its obligations, which are included in the Geneva Conventions of 1949, which stipulate the respect and to make respect for these Conventions. therefore It is permissible to interven in the States internal affairs for humanitarian purposes in order to protect human rights and minorities. Keywords:rescue theory, humanitarian intervention, human rights, international law, state sovereignty.
Bidding as a preliminary procedure for concluding public transactions and respecting competition rules
The request for offers is a very important method for obtaining public contracts, because it represents the global rule in contracts. Thanks to this request; Competition will be open to exhibitors in the context of fair and equitable competition. the legislator confirms through articles mentioned in the presidential description 15-247 which is the organization of the public markets and to maintain the principle of free access to the public applications: the realization of the equalities between the exhibitors and the transparency in the procedures , the public transaction through the bid request requests the expectation to achieve and compliance with the restrictions of form and procedure, according to the requirements of Article 67 of the same decree and within the time limit. Keywords:Public Transactions, Request for offers, Competition, Exhibitors, Contracting Authority.