ELBAHITH For Academic Studies
type: channel
description: The Journal of "EL BAHITH for Academic Studies" is an international scientific journal peer reviewed and Open Access, published semi-annually by the Faculty of Law and Political Science at the University of Batna1- Haj Lakhdar - Algeria. The journal aims to publish original and outstanding scientific contributions in all disciplines related to law and political sciences. Comparative studies are published too in a comprehensive sense in order to expand the circle of benefits for researchers. Publishing with "EL BAHITH for Academic Studies" means adhering to the principles of publishing ethics, preventing malpractice, and fulfill the responsibilities assigned to each party. All submitted articles are subject to double-blind reviewing. The process of evaluation is confidential and performed by expert reviewers in the field of law and political sciences from various universities and research centers. They contribute with their expertise and academic knowledge with a commitment to neutrality and objectivity, and provide advice to the authors. The editorial board includes a scientific advisory committee of the most prominent thinkers in the world. They supervise all the steps of articles evaluation and publishing. The journal team aspires to achieve high levels of quality in the academic publishing through reaching the scope and the requirements of producing scientific knowledge according to the international standards. The journal is published in both electronic and printed versions, in the three languages; Arabic, English and French. There are no Article Processing Charges (APCs), and no fees for publication.
publisher: University of Batna 1
language: ar-IQ
publication name: ELBAHITH For Academic Studies
issn: 2352-975X
items: The problem of the judicial control authority and its role in reducing the crime of human trafficking
items: Fake news and the requirement to achieve media security in the Algerian cyberspace- Analytical and critical vision
items: The reality of democratic management in the Algerian administrative organisations. Challenges and opportunities
items: Parliamentary interrogation in the Algerian constitutional system
items: The strategic importance of North African countries in the Belt and Road Initiative- Algeria as a model-
items: Desert construction between tourism and sustainability
items: Electronic Voting: Towards a new path to consolidate political participation in light of digital technology
items: The Legal Dimensions for commercial representation
items: The legal protection prescribed for the child in danger between ensuring his health and morals in Algerian legislation
items: Public lawsuit between speed and efficiency
items: Control of the legality of reason for the administrative act
items: The legal Nature Of The Constitutional Court in Algeria.
items: Civil Society and Democratic Transition in the Arab World: a Democratization Factor or a Stumbling Block ?
items: آليات حماية عقد الإمتياز الفلاحي في التشريع الجزائري
items: Algeria's compliance with the Paris Agreement on Climate
items: The impact of mineral resources exploration on the found underwater cultural heritage in the international area
items: The impact of the principle of autonomy of the will on contractual justice
items: Criminalization of hate speech: A conceptual approach
items: Evaluation of moral damage in judicial divorce in the text of article 53 of the Algerian Family Code and the intentional jurisprudence of Islamic legislation
items: Enshrining the mechanism of delegating thepublic service in the Algerian legislation
items: Establishing the principle of legal security in light of the specificity of the criminal law of business in Algerian legislation
items: The crime of real estate property infringement between the legislative text and jurisprudence (case-law).
items: United Nation’s protection of minorities between text and reality
items: The Role of Community Partnership in Achieving Local Development: Selected Global Models.
items: https://journals.univ-batna.dz/index.php/elbahith/article/view/1745
items: civil society in confronting corruption in Algeria The Role of the - Analytical study in constitutional amendment 2020-
items: The concession contract role in the utilization of agricultural property
items: Inclusion and connections of abuse of office to corruption offenses
items: Algerian National Security Doctrine Between Security Threats and the Strategic Consideration of the African Circle
items: Penal provisions for corruption crimes in Algerian legislation
items: Judicial oversight of the electoral process in Algerian legislation in the light of updates in Ordinance 21-01 Related to the electoral system
items: The legal Punishmentsof traffic accidents
items: Ethnic Conflicts: A Theoretical Conceptual Study
items: Rights Status of Persons with Disabilities: (Study in the the 2020 Constitutional Amendment and the National Policy for Persons with Disabilities)
items: The impact of compulsion and fraud on marriage contract
items: The Principle of competition freedom in the Algeria Law- between the market Requirements and the public interest Requirements-
items: ٍٍAssessing the Rise of Right-Wing Populism in the EU: is Immigration Really the Cause ?
items: THE ABUSE IN THE USE OF THE EXCLUSIVE RIGHT OF THE PATENT IN THE ALGERIAN LEGISLATION
items: Accounting Information as Tool for Decision-Making: Case of AFS
items: Transitology in question Heuristic contributions and limits of a discipline
items: Flag State control of ships under the 1982 United Nations Convention on the Law of the Sea

The problem of the judicial control authority and its role in reducing the crime of human trafficking
type: item
description: Over the years, the world has witnessed the rise of large groups of criminal networks and criminal networks that generate huge financial profits for crime syndicates, and with the global expansion of organized crime, the crime of human trafficking has emerged, striking human dignity against the wall, as victims are targeted on their weaknesses and transferred between countries as soon as they reach their destination. They are exploited, stripped of their autonomy and freedom of movement, forced to work in precarious conditions, and often face various forms of physical and psychological abuse. In the face of the seriousness of this crime, which was forbidden by the heavenly religions through deep and sublime meanings and connotations, it was also combated by legal texts, whereby rules were set that prohibit its conduct and punish those who violate it, starting with the protocol to prevent, suppress and punish human trafficking, especially women and children of 2000, which Algeria ratified with reservation in 2003, which obligated the Algerian State to criminalize this phenomenon and to take the necessary measures to address it, through the judicial control mechanism, which the law authorized to carry out several preventive and deterrent powers in order to reduce this crime.
creator: kahina Ait Hamouda
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 27
ending page: 44
doi: 10.59791/efas.v10i2.1616

Fake news and the requirement to achieve media security in the Algerian cyberspace- Analytical and critical vision
type: item
description: This study addresses the issue of fake news that is published and circulated through electronic media and social networking sites, and the potential risks associated with it, especially as it is increasingly being used to mislead public opinion and achieve political, social, or economic gains. Fake news poses a danger to media security and democracy, which is why the study calls for developing mechanisms to detect fake news and monitor the content published online to achieve media security. Responsibility for achieving this falls on journalists, bloggers, and even users of online spaces, and there is a need to expand a culture of constructive criticism and ensure the accuracy of the information and search for safe sources to avoid the danger of fake news.
creator: Nabil BENMEDDOUR
creator: Loubna RAHMOUNI
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 45
ending page: 65
doi: 10.59791/efas.v10i2.1625

The reality of democratic management in the Algerian administrative organisations. Challenges and opportunities
type: item
description: This research paper aims to tackle the subject of the reality of Democratic Management in the Algerian administrative organisations and the relationship character between the employees and the senior management, by addressing the main challenges facing human resources, whether it's the chief or the subordinate. Moreover, the research tackles the importance of opportunities at the workplace in Algeria. For dealing with this phenomenon which that has always tackled by anyone associated with the administration from a negative perspective, the research was based on the descriptive analytical approach, through the practices in which the administrative organisations worked hard to draw them and assure them in the employees's minds and citizens alike, which had harmed its reputation domestically and abroad. The findings concluded that it's necessary to move towards democracy in management while respecting humanitarian aspects in the horizontal and vertical relations within the administrative organisations, as well as the exploitation of social economic political opportunities that Algeria is going through.
creator: Samir SENOUCI
creator: Nasir KHALFA
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 66
ending page: 83
doi: 10.59791/efas.v10i2.1627

Parliamentary interrogation in the Algerian constitutional system
type: item
description: Constitutions usually state the parliament’s function of oversight over government activities in addition to its main function, which is legislation, there is no doubt that this function has big importance as the executive authority knows in advance that all its works will be vulnerable to parliament oversight. Thus, the government makes sure to do its work the best way possible, as it will defend it before the parliament. Constitutions and parliamentary rules of procedure in Algeria have authorized many means for deputes and members of the parliament in order to carry the task of oversight, one of which is the right to interrogate the government or one of its members to hold them accountable for anything related to their field of specialty. Since the interrogation holds in a certain meaning of accusation and accountability for the actions of the government, it may lead to the censuring of government or one of the ministers (through the no confidence motion). Which is what we are aiming to address through the following problematic: How does the Algerian parliament exercise oversight on government actions through the mechanism of interrogation guaranteed by the constitutional founder? We will answer this problematic by relying on the descriptive approach.
creator: Nesrine TIRFAS
creator: Rachida ELAM
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 84
ending page: 101
doi: 10.59791/efas.v10i2.1634

The strategic importance of North African countries in the Belt and Road Initiative- Algeria as a model-
type: item
description: This study sheds light on the status of the countries of the North African region in the Chinese Belt and Road Initiative by tracing the path of their ccession to the initiative with a focus on the regional importance of Algeria in the region within the framework of the Chinese initiative according to the Chinese strategic perception and highlighting the future of the Chinese-Algerian partnership within the global project. The study concluded that there has been a significant development in the Chinese-Algerian relations within the framework of the project that Algeria has recently joined, which opens the way for talking about Algeria's uniqueness with a promising future with the Chinese partner, especially in the framework of the Maritime Silk Road projects.
creator: Abdelkader BOURUOAIAH
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 102
ending page: 123
doi: 10.59791/efas.v10i2.1635

Desert construction between tourism and sustainability
type: item
description: Modern urban Policy faces the problem of orientation and stability. Where it has become necessary to make construction in some areas adapt according to the preference of the climate and the developmental policy that characterizes the planning and reconstruction plans. On the other hand, loosening the screws on the major cities that know many crises and problems, whether in terms of organization, management or planning. In order to achieve this desired balance, Algeria, like other countries, resorted to a new development policy based on heading south towards the desert. It established cities and created modern population groups that are compatible with the geographical nature that characterizes the desert, both in terms of the type of housing, building materials and the urban nature that characterizes the desert regions.
creator: Imrane BETIT
creator: Abdallah LAOUIDJI
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 124
ending page: 142
doi: 10.59791/efas.v10i2.1638

Electronic Voting: Towards a new path to consolidate political participation in light of digital technology
type: item
description: The Digital technology is the main driving force shaping the twenty-first century. The entry of information and communication technology and electronic organization into the political sphere is considered the most influential on political life, to ensure electoral efficiency through the electronic voting system, in an attempt to change the traditional methods of elections to consolidate political participation The current study deals with the contribution of the electronic voting system- as one of the outcomes of the impact of digital technology on political work- to consolidate the political participation, by analyzing the most important functional approaches and introducing leading international experiences in this field.
creator: Massika Ramdani
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 143
ending page: 167
doi: 10.59791/efas.v10i2.1639

The Legal Dimensions for commercial representation
type: item
description: The commercial representation contract plays an important role in serving the national and international economy, and it is one of the forms of commercial agency and a kind of mediation in concluding commercial deals in which the mutual interest of the contractors is achieved. This study is an attempt to define it and to expose the legal implications that it entails.
creator: Soltana KABAHOUM
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 168
ending page: 183
doi: 10.59791/efas.v10i2.1646

The legal protection prescribed for the child in danger between ensuring his health and morals in Algerian legislation
type: item
description: The present research aims to identify the risks profiles that threat the children's health and morals , and indicate how the Algerian legislative system deals with it ; in order to ensure the child protection and fending off the threat . These profiles have restricted to: smoking, alcohol, drug, and psychotropic substances , where it was reached that although the state's efforts to ensure the child protection; they aren't enough to achieve the desired goals ; considering the ever-increasing in children's exposure to these profiles, especially with the appearance of the digital drugs , and the law's enability to regulate them . So that's call for a real activation of the civil society role , in order to maintain the child's health and morals .
creator: khawla. zerzaihi
creator: farida. haid
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 184
ending page: 204
doi: 10.59791/efas.v10i2.1649

Public lawsuit between speed and efficiency
type: item
description: In recent years, the criminal policy has witnessed a real crisis as a result of the worsening of the phenomenon of crime and its various forms, which has had a negative impact on the functioning of the justice system and its affiliated institutions. Some of the issues are related to the punishment itself, which no longer achieves its objectives, and others are related to the procedures for practicing public prosecution. This has made most countries look for alternative procedures to the public lawsuit that ensure speedy resolution of cases and relieve the burden on the justice system, which suffers from an inflation in the number of cases presented, affecting the defectiveness and efficiency of the judicial work aimed at reducing crime.
creator: .fadhel attar
creator: Dalila MEBARKI
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 205
ending page: 224
doi: 10.59791/efas.v10i2.1652

Control of the legality of reason for the administrative act
type: item
description: the legality of administrative decisions constitutes the backbone of the state of law in its confrontation with the administrative authority, As it is the one that protects the administrative authority from manifestations of administrative deviation , abuse of authority, And abuse in its use ,consequently it imposes on the administration that it must adhere to the principle of legality when issuing administrative decisions in order to enjoy its legal value . Oversight and adherence to the principle of legitimacy and the exercise of the privileges of public authority constitute a full-fledged circle if a balance is achieved between these dimension ,it also achieves the rule of law in the country for this balance to be embodied, The judiciary must be entrusted with its independence and impartiality
creator: Sedrati SEDRATI
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 225
ending page: 247
doi: 10.59791/efas.v10i2.1711

The legal Nature Of The Constitutional Court in Algeria.
type: item
description: The Algerian lawmaker has satisfied himself by the creation of constitutional court without limited her legal nature, nonobstant the objective of estrangement to the political characteristic in their composition and working , However that not sure ,because the practice of designation by the republic president of four members, among them for political reasons, inspite of precautions practiced, for that it IS necessary to replace the designation by method of elections by judiciary power, or High council of the judiciary, for reduction the politicization That court contains a lot aspect of judiciary character, in the level of membership or function, however that IS not considered judiciary organ, Also it IS look alike more and more, whit European model of constitutional courts, dominated by technical aspects represented a method of specialized control.
creator: Hassen MERABET
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 248
ending page: 266
doi: 10.59791/efas.v10i2.1712

Civil Society and Democratic Transition in the Arab World: a Democratization Factor or a Stumbling Block ?
type: item
description: The study focuses on the impact of civil society on the transition towards democracy in the Arab world, to assess its role in the scene of the region's political changes. It has become clear that civil society's real role emerges when the political system is on the edge, it has a responsibility to put the process of political change on the right track. Thus, the future of democratization experiences in the Arab region in terms of civil society depends on the social forces' ability to sustain democratic struggle, and its attendant clear and consistent elements and practices which define its course of action, mobility, and achievement, and on the general compatibility between political authority and these Powers which reflects the genuine partnership between them order to achieve a democratic transformation that doesn’t reproduce the old authoritarian system.
creator: Fatima zohra MAKHLOUF
creator: Ali BENTAHAR
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 267
ending page: 286
doi: 10.59791/efas.v10i2.1713

آليات حماية عقد الإمتياز الفلاحي في التشريع الجزائري
type: item
description: The Algerian legislator introduced a new method for the exploitation of agricultural lands belonging to private national property, known as the agricultural concession, and this is in accordance with Law No. 08/16 that includes the Agricultural Guidance Law, where it was embodied in accordance with Law No. 10/03 that specifies the conditions and modalities for the exploitation of agricultural lands belonging to the private property of the state, and In order to avoid the loopholes that were in the previous regulations, he tried to put mechanisms in place to ensure his protection on the one hand, and to ensure that he does not deviate from the goals set for him, and among the most important mechanisms that were allocated to protect the concession contract within the framework of Law 03/10 are; Administrative protection, mainly represented in the oversight role exercised by the National Office of Agricultural Lands on the exploitation of these properties, in addition to judicial protection through the extension of judicial authorities oversight of every breach in the application of the provisions of Law 03/10, whether by the concessionaire investor, the state, or even third partie ; This issue is of great importance as it is related to one of the sensitive sectors with an economic and social dimension.
creator: Zoubir BERAHLIA
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 287
ending page: 309
doi: 10.59791/efas.v10i2.1714

Algeria's compliance with the Paris Agreement on Climate
type: item
description: Many legal measures taken by Algeria in compliance with the Paris climate agreement, which we seek to show through this study. Where these measures at the internal level are represented in mitigating greenhouse gas emissions and adapting to climate change. Algeria is also under an obligation to be controlled by meeting the transparency framework set out in the Paris Agreement. and Algeria's compliance depends not only on various measures being taken at the domestic level but also on technology assistance and capacity-building, The financing to be provided by the Paris Agreement also enables Algeria to participate in the sustainable development mechanism so as to enable it to realize the mitigation efforts contained in its provisional contributions identified at the national level and to achieve compliance with the Paris Agreement on Climate.
creator: Hocine BOUTELDJA
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 310
ending page: 327
doi: 10.59791/efas.v10i2.1715

The impact of mineral resources exploration on the found underwater cultural heritage in the international area
type: item
description: Exploration of mineral resources is one of the activities carried out in the marine areas beyond the borders of the national jurisdiction (the international area). Where can the cultural heritage be found in these marine areas during exploration operations, which requires consideration regarding it, with all seriousness, to remedy the dangers surrounding it, from this Perspective International conventions have focused on the issue of protecting and preserving this cultural heritage within the international cooperation plan based on the exchange of information and coordination between specialized agencies, in order to embody international efforts and dedicate effective means of protection for this type of cultural heritage, as the history that expresses the civilizations and cultures of different peoples, and this It comes in the context of the need to respect the relevant international conventions.
creator: Touta HEBBAZE
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 328
ending page: 353
doi: 10.59791/efas.v10i2.1723

The impact of the principle of autonomy of the will on contractual justice
type: item
description: The principle of autonomy of the will is considered one of the guiding principles of contractual justice through the freedom of contract and the binding force of contract. However, the evolution of contractual relations, in quantitative and qualitative terms, has resulted in contracts characterized by specificities regarding their conclusion and execution, with varying effects. For- in some cases- its justice is affected, either between the parties, or even affect third parties. This situation requires legislative or judicial intervention in order to modify the will, to direct it, or even to exclude it. All this with the aim of re-establishing-relatively- the economic balance of the contract, in order to achieve a specific objective, or to achieve the protection of an interest more important than the private interest.
creator: Sofiane MERAISSI
creator: Badra laouar
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 354
ending page: 373
doi: 10.59791/efas.v10i2.1725

Criminalization of hate speech: A conceptual approach
type: item
description: Most doctrinal studies undoubtedly illustrate the conceptual instability of hate speech in view of multiple factors directly affecting legislative, judicial or juridical terminology, They are due to legal difference and to the legacies of the historical legacy, Among them are those relating to society's structure and other reasons for developing conflicting concepts, In this paper, we focused on the conceptual approach associated with the jurisprudence of hate speech. And we tried to answer a key question about how to achieve a sound conceptual building for hate speech, By identifying the terminological differences between the narrow and expanding concepts of hate speech and then identify the most important pillars on which the definition of hate speech should be based.
creator: Abdelhalim BENMECHRI
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 374
ending page: 389
doi: 10.59791/efas.v10i2.1731

Evaluation of moral damage in judicial divorce in the text of article 53 of the Algerian Family Code and the intentional jurisprudence of Islamic legislation
type: item
description: Estimating the moral harm as a legal justification for ruling in favor of the wife in divorce cases, in accordance with Algerian family law, is one of the significant issues currently facing the judiciary. This issue poses challenges due to its evolving nature and intricacies, thus necessitating a careful examination of the interplay between damages and interests, considering the anticipated ramifications when envisioning appropriate adaptations of judicial decisions and judgments. Consequently, it is imperative to align damages with interests within the Algerian context, which is characterized by emerging and evolving dynamics, while simultaneously achieving the legislative objectives and public interests of the state. Accordingly, rendering judgments based on a meticulous scientific balancing act, rooted in legal and Islamic principles, becomes essential. Such an approach abides by regulations governing the magnitude of harm, as per both legal and Sharia considerations, in order to uphold family stability and the greater public good, within the purview of the practical jurisprudence and essential tenets of Islamic legislation.
creator: Nadia RAZI
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 390
ending page: 414
doi: 10.59791/efas.v10i2.1732

Enshrining the mechanism of delegating thepublic service in the Algerian legislation
type: item
description: study attempts to shed light on the mechanism of authorizing the public utility in Algeria, as a new method of management, which came as a result of the defects recorded in the light of the public management of public utilities, to put an end to the monopoly of the public sector on the task of managing the public utility on the one hand, and to open the way for the private sector to take over this task on the one hand. On the other hand, this was undertaken by the Algerian legislator through Presidential Decree No. 15-247 related to the organization of public transactions and public utility mandates, and was followed in more detail by Executive Decree No. 18-199 related to public utility authorization, with the aim of the successful and proper application of this method, as a pattern keeping pace with developments and in order to Develop and improve the quality of public service.
creator: Salim Belhadj
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 415
ending page: 438
doi: 10.59791/efas.v10i2.1734

Establishing the principle of legal security in light of the specificity of the criminal law of business in Algerian legislation
type: item
description: Legal security is one of the most important principles that states strive to achieve, with the aim of maintaining the stability of the legal positions of individuals when developing their legislation related to rights and freedoms, which prompted the Algerian legislator to devote it according to the text of Article 34 of the last constitutional amendment of 2020. However, with reference to what the legislation requires in the field of criminal law for business, it is quick to adapt to the reality of business in order to protect public money and maintain the economic security of the state, which jurisprudence calls the term "adapting the legislative base". Nonetheless, this adaptation may prevent the achievement of legal security. This study aims at addressing the concept of legal security, its importance, and the foundations on which it is based. Then, there is an attempt to show the most important aspects of violating the principle of legal security in light of the specificity of business crimes. One of the most important findings that we have reached is that despite the Algerian legislator’s endeavor to establish the principle of legal security constitutionally, its achievement in light of the specificity of the legislation for business crimes remains only relatively, as it is considered a flexible, vulnerable, and rapidly developing law with the aim of protecting economic security.
creator: Mohamed BENDAIMA
creator: Samir CHABANE
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 439
ending page: 457
doi: 10.59791/efas.v10i2.1735

The crime of real estate property infringement between the legislative text and jurisprudence (case-law).
type: item
description: Article 386 of the Algerian Penal Code deals with the crime of real estate property infringement. Along with the general elements of the crime, this legal text stipulates two other crucial elements; surreptitiousness and fraud (deception). However, due to the lack of clarity of the meaning of these two elements, the jurisprudence in the form of many judicial decisions (case-law) had to intervene but could not settle on a single approach in its interpretation of these two elusive elements. Therefore, this paper attempts to shed light on the distinctive elements of the crime of real estate property infringement, according to the legislative text (Article 386 of the Penal Code) as well as the jurisprudence of the Supreme Court.
creator: Walid THABTI
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 458
ending page: 476
doi: 10.59791/efas.v10i2.1739

United Nation’s protection of minorities between text and reality
type: item
description: We often think that the question of minorities is subsidiary and touches a small part of population in a country but the reality confirms that the subject don’t concern only a state but so a mondial system . The specifity of human rights has induced the united states to adopt agreements and international statements for these minorities . The respects of human rights ensures the internal stability of states and supports international peace and security .
creator: Imene MAIZA
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 477
ending page: 496
doi: 10.59791/efas.v10i2.1742

The Role of Community Partnership in Achieving Local Development: Selected Global Models.
type: item
description: Community partnership is one of the tools for activating democracy in society and a tool for change through which it is possible to contribute to building a free and just democratic society, in which public affairs are managed through and for citizens on the basis of respect for human dignity, social justice and equality among all citizens, and through participation, the determination and energies of citizens are mobilized. To contribute to facing the challenges of human development At the local level, the partnership between the local civil society, the local private sector, and the local citizen is a community partnership complementary to modern management and a dedication to the principles of local governance. If you apply the correct approach, you will eventually achieve what is known as local development. There are several models that enshrine the principle of community partnership and achieve a distinguished success, such as Japan. Which was adopted in the field of police... and other models that will be dealt with in this study.
creator: Sara ADJEROUD
creator: Intissar ARIOUAT
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 497
ending page: 515
doi: 10.59791/efas.v10i2.1743

https://journals.univ-batna.dz/index.php/elbahith/article/view/1745
type: item
title: Towards a participatory approach to protect and rationalize consumer behavior between Islamic and legal jurisprudence: The National Consumer Protection Association and the Trade Directorate of the State of Patna Model
description: Consumer protection is a term that combines jurisprudence, economics and law. Together, these releases seek to protect it against the producer and the seller. The study aims to analysis the accessibility of common mechanisms for its protection, and what is the role of modern watchdogs? Results have been reached: no harm, no harm, and damage remains the general jurisprudence framework that protects and rationalizes consumers' self and institutional control. Besides modern mechanisms, especially: legislation, standards, government oversight, civil society, and the judiciary. The need to play a pivotal role in favors of the suppression of fraud through sensitization campaigns and field grades, together with the National Consumer Protection Association, by activating the province's campaigns to raise consumer awareness
creator: Sakina BOUYELLI
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 516
ending page: 549
doi: 10.59791/efas.v10i2.1745

civil society in confronting corruption in Algeria The Role of the - Analytical study in constitutional amendment 2020-
type: item
description: The issue of preventing and combating corruption has become the focus of the Algerian state's attention, especially with regard to strengthening coping mechanisms. Despite the relatively newness of this topic in Algerian legislation, it is one of the renewable topics that have formed a large space in the field of academic legal studies. Where this study aims to shed light on the most important reforms introduced to confront corruption crimes and limit their negative effects, namely the development of the preventive role of civil society as the most important developments in the Algerian constitutional amendment 2020. One of the most important contents of the constitutional amendment is to strengthen the role and status of civil society and to devote several constitutional guarantees in order to enable it to perform this role as required by law. However, what should be emphasized is that the effectiveness of civil society institutions as one of the parties to the strategy to prevent corruption remains dependent on the extent of its new roles embodiment, especially in the field of awareness and education about the seriousness of corruption and its negative repercussions on society, as corruption crimes aim to restrict the incentives for economic progress and obstruct the path of sustainable development
creator: Sonia KHADRAOUI
creator: Hamid CHAOUCH
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 550
ending page: 570
doi: 10.59791/efas.v10i2.1749

The concession contract role in the utilization of agricultural property
type: item
description: The importance of agricultural real estate is highlighted as one of the most important sectors in economic, social and political, especially because it plays an important role in economic development, where it is not threatened by the demise of other wealth. So the Algerian legislature has rehabilitated it through the provisions of Act No. 10-03, this lawdefines the terms and conditions for the exploitation of the peasant land belonging to the State's private property, in a way that elevates it.In return for the State's retention of ownership, as the property of the national community, neither the waiver nor the earning.
creator: Said MABROUKI
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 571
ending page: 587
doi: 10.59791/efas.v10i2.1750

Inclusion and connections of abuse of office to corruption offenses
type: item
description: The abuse of functions is indeed an offence in particular character, it confessed by the legislator as criterion of surrounding corruption committed .Particularly , the acts of the official who exceeded the applicable legal and regularly texts are multiple , different and varying .Consequently , does it satisfy the conditions or criterions and principles imposed by law ? (there is no offense or punishment without law).
creator: Salima ABDI
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 588
ending page: 606
doi: 10.59791/efas.v10i2.1753

Algerian National Security Doctrine Between Security Threats and the Strategic Consideration of the African Circle
type: item
description: The study attempts to shed light on the importance of the African circle in the Algerian security perception, based on the areas of tension, the ethnic and sectarian divisions that characterize it. The neighboring countries based on the consideration that the security doctrine of a country expresses the degree of its interest, response and dealing with the challenges and issues it faces, and its interpretation from a purely security perception by decision-makers in the state, and also on the totality of opinions, beliefs and principles that constitute an intellectual system that defines national security of state and explains the overall events that pose a threat to it (of a security nature).
creator: Amar BALA
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 607
ending page: 622
doi: 10.59791/efas.v10i2.1756

Penal provisions for corruption crimes in Algerian legislation
type: item
description: The Algerian legislator monitored a punitive deterrent policy to combat corruption crimes, which was represented in the criminal penalties organized by the Law on Prevention and Combating Corruption, which are original and financial penalties, ranging between the minimum and maximum, and complementary penalties, whether the person is natural or legal, and he did not suffice with this only, but added penalties Others, especially the invalidation of contracts, deals, patents, concessions and licenses. Despite his policy of decriminalizing these crimes, he subjected them to some aggravating circumstances for the punishment prescribed for them, and he also tried to give them a kind of privacy regarding the issue of the statute of limitations for punishment
creator: Mouna MALAA
creator: Ouarda BENBOUABDALLAH
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 623
ending page: 643
doi: 10.59791/efas.v10i2.1757

Judicial oversight of the electoral process in Algerian legislation in the light of updates in Ordinance 21-01 Related to the electoral system
type: item
description: Judicial oversight is one of the most effective forms of monitoring to ensure that the electoral process is protected from abuses and deviations that may arise during its various stages and because of the effectiveness of such control adopted by Algerian legislation through order No.21-01 on the electoral system. The judiciary exercises control over the various stages of the electoral process through the authority to adjudicate on problems and abuses that constitute crimes against the integrity of the elections. This control extends to consideration of various appeals to the electoral article without prejudice to the powers vested in other oversight bodies such as the Constitutional Court and the Independent National Electoral Authority.
creator: Hocine GHALEM
creator: Zineb ABDELLAOUI
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 644
ending page: 665
doi: 10.59791/efas.v10i2.1758

The legal Punishmentsof traffic accidents
type: item
description: Punishments have been legislated in Islam religion for purposes and objectives that go back to committing legal prohibitions, violating God’s commands and prohibitions, and following the footsteps of Satan. This research aims to clarify the legal penalties for traffic accident crimes in Islamic legislation. A descriptive study that deals with the nature of traffic crimes in terms of their definition and divisions, and the legal ruling for these crimes, by conditioning the old animals felony on modern vehicles, with a statement of the provisions of the prescribed legal penalties., and its positive role in reducing the growth of traffic accidents, The research also aimed to analyze the legal evidence related to legal penalties by extrapolating the sayings of some Islamic jurists (Scholars) in the ruling on penalties, with an indication of the amounts of legal fine penalties such as the full orpartialfine (Al-Urush), expiations, condolences and fees, by addressing the applications of these legal penalties for traffic accident crimes.
creator: Bachir OUDJANA
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 666
ending page: 689
doi: 10.59791/efas.v10i2.1759

Ethnic Conflicts: A Theoretical Conceptual Study
type: item
description: This study aims to address one of the important topics in the field of international relations and related to ethnic conflicts in terms of the concept and theoretical approaches that explain them. Jadida demands its economic, political, cultural, religious and linguistic rights. The study concluded that this type of conflict occurs due to the conflict of ideas and interests between different groups, and many theoretical approaches can be used, such as constructivism, ethno-realism and liberalism, to understand and interpret ethnic conflicts.
creator: Karim REGOULI
creator: Ahlem OUGHLICI
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 690
ending page: 706
doi: 10.59791/efas.v10i2.1760

Rights Status of Persons with Disabilities: (Study in the the 2020 Constitutional Amendment and the National Policy for Persons with Disabilities)
type: item
description: This study aims to highlight the constitutional protection established for a category of society, namely the category of persons with disabilities and the extent to which it is reflected on the ground The Constitutional Foundation has paid special attention to this category, reflected in the incorporation in the Constitutional Amendment of 2020 of a provision on the State's guarantee of the integration of that group into social life and the adoption of all measures to enable it to reflect that provision realistically. and the constitutionality of those rights constitutes an essential safeguard for the exercise of the rights and freedoms of persons with disabilities on an equal basis with adequate individuals, Pursuant to the Constitution, the State has initiated a national strategy to provide them with the necessary protection. and as a step towards Algeria's implementation of its international commitment in this area.
creator: CHAHRAZED Nouar
creator: Ali LIAZID
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 707
ending page: 725
doi: 10.59791/efas.v10i2.1761

The impact of compulsion and fraud on marriage contract
type: item
description: Contract essence and its existence are justified by meeting of contractor will this meeting emerges consent which represents the basis of evry agreement, the study revolves here around marriage contract and what may effect him from defects will as violence and fraud, and forcd marriage mean a marriage whith one or more element of fraud or force where both parties do not consent to the mrriage, and fraud in marriage is having change to habits or lifestyle to push the other party to accept this marriage ,many couples and parents may hide defects from each others ,wich is having divastating effects on the family and society .
creator: Rawida Boussaid
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 726
ending page: 744
doi: 10.59791/efas.v10i2.1762

The Principle of competition freedom in the Algeria Law- between the market Requirements and the public interest Requirements-
type: item
description: The right to practice economic activity is governed by The Principle of freedom, embodied in the Principle of competition and regulated by The Principle of legality. and if the pillar of economic activity is competition, then is essence is freedom .however , considering that economic freedom contributes to giving a true picture of the investment climate, this freedom is not absolute, since it is directed by restrictions and controls included within the framework. Of modern economic trends of the state. therefore ,the legislators policy of the economic field aims to preserve the general order through the competition law with its exceptions the illegal speculation combating law, in addition to retiming prices of widespread consumption goods and services , all these measures are for achieving economic proficiency and improving the consumers living standard .
creator: djamel BOUSSETTA
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 745
ending page: 764
doi: 10.59791/efas.v10i2.1763

ٍٍAssessing the Rise of Right-Wing Populism in the EU: is Immigration Really the Cause ?
type: item
description: In recent years, there was a visible shift in citizens’ attitudes towards voting for right-wing populist parties all across the EU even in countries previously considered “immune” such as Germany, Spain, and Sweden. This paper aims to assess the rise of right-wing populism in relation to the 2015 immigration crisis through a comparative outline of their electoral results before and after the crisis. The paper argues that the 2015 immigration crisis might be the triggering element that catalyzed the rise of radical right populism; however, the continuity of this rising trend can’t be explained exclusively by the immigration factor. Therefore, the paper will explore the more structural causes behind the rise of radical-right populism, in essence, economic and institutional causes.
creator: Ines BENABBES
creator: Abdelhafid DIB
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 765
ending page: 782
doi: 10.59791/efas.v10i2.1764

THE ABUSE IN THE USE OF THE EXCLUSIVE RIGHT OF THE PATENT IN THE ALGERIAN LEGISLATION
type: item
description: The exclusive right of the inventor results in the right to protect his industrial exploitation of the patent without competition during the legal protection. Nevertheless, the right to own the patent is not absolute because it is a system that takes into consideration the interest of the inventor without harm to the public interest and the right of the society to take advantage of the new inventions. In return for the legal protection, a commitment emerges on the inventor to produce his inventions inside the protecting state; otherwise he would risk the compulsory license or the forfeiture.
creator: Nadia Sabounji
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 783
ending page: 797
doi: 10.59791/efas.v10i2.1767

Accounting Information as Tool for Decision-Making: Case of AFS
type: item
description: Uncertainty is inherent in all human activity, its reduction is the primary objective of any operational information system within an organization. The effectiveness of the relevance of the accounting information system, which is at the heart of business management, a strategic tool for management and evaluation, will be reflected in its performance. The evolution of the latter shows the dynamics of this organization. Therefore, the purpose of this paper is an attempt to study the importance given to key accounting and financial information to help the manager in decision-making.
creator: Abdelkader NAAS
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 798
ending page: 815
doi: 10.59791/efas.v10i2.1768

Transitology in question Heuristic contributions and limits of a discipline
type: item
description: The concept of democratic transition has been the subject of intensive academic research, giving rise to a sub-discipline of political science: Transitology. While Transitology has made significant heuristic contributions, some of its assumptions are nonetheless laden with confusion, nuances, and many philosophical and political unsaid. The objective of this paper is to raise questions, explore avenues of reflection and analysis surrounding transitology, highlighting its heuristic contributions, but more importantly, its limits of interpretation. Indeed, transitology has often presented globalizing models that were supposed to be applied to any context, without taking into account the local specificities. However, accumulated experiences have shown that the success of any transition relies on adapting the chosen means to the specific context of each situation and the uniqueness of the terrain. The transition to democracy cannot be seen as a universal phenomenon that obeys general rules, but rather as a specific process inherent to a determined socio-historical context. Therefore, the major challenge is not to find the ideal path to build a Western-style democracy, but to identify, based on existing resources, the types of regimes that can emerge.
creator: Doria Yasmina BENTEBIBEL
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 816
ending page: 833
doi: 10.59791/efas.v10i2.1769

Flag State control of ships under the 1982 United Nations Convention on the Law of the Sea
type: item
description: Each State determines the criteria for granting its nationality and the conditions for registering vessels flying its flag. The 1982 United Nations Convention on the Law of the Sea only requires that there be a "substantial connection" between the state and the ship for a ship to be entitled to fly the flag of a state. These insufficient provisions have not put an end to the practice of flags of convenience, despite the frequency of maritime safety problems. The first control a ship must undergo is that of the flag state, which must ensure the seaworthiness of the ship throughout its life. This involves in particular compulsory visits regularly carried out by flag State inspectors. One of the existing problems is the fact that some States neither have the capacity nor the will to exercise their responsibilities directly under the flag State.
creator: Kamal TIGHILT-FERHAT
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0
license: https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2023-06-15
publication date: 2023-06-15
volume: 10
number: 2
starting page: 834
ending page: 853
doi: 10.59791/efas.v10i2.1770