The Consultative Competence of the Algerian Council of State: Between the Constitutional Development and the Legal Expectation

Abstract

The 2020 constitutional amendment came with the articles 142 and 143 and the 2016 constitutional amendment, which promoted the consultative field of the State Council by virtue of its articles 136, second paragraphs, and article 142, as it now gives its advisory opinion on laws and orders, and this is with the issuance of the Organic Law 02-18 and the internal system of the State Council in 2019 that are devoted to study The laws and orders that are issued by one body of the State Council, which is the Advisory Committee. Therefore, it is necessary to follow the analytical approach to clarify the intention of the legislator to promote the advisory field of the State Council and to enrich and develop legal rules, while taking into consideration the issue of not being obligated to apply the advisory opinion and the limited areas of consultation.