Sameh Ouarti

Lecture professor – A- University of Souk-Ahras , Faculty of Law and political sciences , Algeria

s.ouarti@univ-soukahras.dz

Received: 21/11/2025  ;  Accepted: 22/05/2026

Abstract

In order to control transparency and for the management of public affairs, the constitutional founder established under the constitutional amendment of 2020 the supreme authority of transparency and the prevention of corruption and its control which has multiple powers in order to fight corruption, and this regulatory institution appeared due to the inability of the National Authority for the Prevention of Corruption and its control, that was existing, to achieve what is required of it in the field of fighting corruption. The supreme authority was granted a legal system that enables it to strongly confront corruption in Algeria.

This is clearly evident through the authority that is allowed in establishing and developing a national strategy that includes comprehensive and preventive measures.

In addition to that, the supreme authority has the power of monitoring all institutions as well as notifying the judiciary when facts of a criminal nature are proved.

Keywords: National Authority, Supreme Authority, Fighting Corruption Legal System, transparency, Constitutional amendment 2020.

Introduction

In the shadow of the collapse of values and morals, the absence of principles of accountability and transparency., many negative phenomena have emerged, foremost of which is corruption, which has exceeded the stereotyped conception, and has become a global phenomenon of impact, destroying results, does not recognize neither the temporal nor even spatial limits, nor the extent of the progress or backwardness.

Believing in the dire consequences of this phenomenon and its repercussions, the countries of the world have moved towards taking a number of measures and policies which purpose is to uproot this phenomenon.

This matter has been actually achieved through concerted efforts of all countries. The United Nations Convention against Corruption is the fruit of those international efforts, it includes the agreements concerned with fighting corruption, and since Algeria is among the countries plagued by corruption, it has not remained in isolation from the world efforts, and it has in turn rushed to ratify various international and regional agreements in order to coordinate and cooperate more effectively in this field.

It has been among the rushing Arab countries that approved with reservation the United Nations Convention against Corruption on 04/19/2004 under Presidential Decree No. 04-128¹, and those were the first steps that has Algeria adopted in the field of anticorruption and as a result, issued law No. 06-01² dated on 20/02/2006 related to prevention and control of corruption as the first national legislation in the field of prevention and control of corruption. And as response to the requirements of Article 06 of the United Nations Convention against Corruption, which came in its content: (Each state guarantees, according to the basic principles of its legal system, the presence of a body or bodies as necessary to prevent corruption ) ³.

Algeria took the initiation for the establishment of the National Institution for Corruption Prevention and its Control, according to the text of Article 17 of Law No. 06-01 in order to implement the national strategy in the field of anti-corruption. The position of this authority was strengthened more through constitutional amendment of 2016⁴, where it was constitutionally dedicated, but to no avail, it was just a formal body with suspended functions. After four (04) years of the failure of the National Institution for the Prevention of Corruption and its control, the constitutional amendment 2020 ⁵ came to devote.

The new directions of the Algerian state, especially after the popular demands embodied by the “February 22^nd, 2019 Movement, where the constitutional founder made a number of

reforms at the institutional level, the most prominent of which was the creation of the Supreme Authority of Transparency and the prevention of corruption and its control and worked to link it to transparency” which is the basis of fighting corruption and making it within censorship constitutional institutions after it was merely an advisory body and singled it out by a law that defines its organization, formation and powers..

Thus, it has replaced the National Institution for Corruption Prevention and its combat.

What is the efficacy and effectiveness of the supreme authority of transparency and prevention of corruption and its control as the latest constitutional and legal mechanism to combat corruption in Algeria?

The first topic: What is the Supreme Authority of Transparency and the prevention of corruption and it’s Combat

In the framework of the institutional reform that the constitutional founder brought through the constitutional amendment 2020, stipulated according to Article 204 of it to establish a new supervisory institution called in the body of the text the Supreme Authority for Transparency and the Prevention of the Corruption and its combat, and due to its importance, the founder placed it among the constitutional institutions, and expanded its powers and independence, and referred its organization to law No. 08/22 ⁶ related to organizing the supreme authority of transparency and prevention of corruption, its combat, formation and powers.

The first requirement: The concept of the supreme authority of transparency and the prevention of corruption and its Combat

Is considered the supreme authority of transparency and the prevention of corruption and its combat as the most recent constitutional and legal mechanism created to combat corruption in Algeria, which came after the institutional reform adopted by the constitutional founder through the constitutional amendment of 2020 and in conjunction with the popular movement.

The first branch: The definition of the supreme authority of Transparency and the prevention of corruption and its control:

Before going into the definition of the supreme authority of transparency and the prevention of corruption and its combat, we initially decided to address the definition of corruption and the meanings it holds, as well as the definition of transparency and the purpose beyond it, then we tackle defining the Supreme Authority of Transparency and prevention of corruption and the combat of it from both the constitutional and the legal conceptions.

First: Definition of corruption and transparency A- Definition of corruption

Considering that the term corruption is multi -dimensional, and it does not involve only one side, and its meanings differ according to the point of view of its users and there is no one and unified definition that is inclusive and exclusive.

In order to determine the significance of this concept, we will address its definition in terms of linguistic, then idiomatic.

As well as from the international and regional angle and from the perspective of Algerian Law.

1-1- The linguistic definition of Corruption 1-In the Arabic lanquage

Ragheb Al -Isfahani defines corruption as the departure of “the thing about moderation a little was to get out of it or a lot, and it is good for it and this is used in the soul, the body and the things outside of righteousness. ⁷

Ibn Manzoor said about it in the tongue of the Arabs: “corruption” is the opposite of righteousness, spoiled, spoiling, corruption, corruption, blackness, it is corrupt, corruption and evading the people: they refused, and cut the wombs, and the Sultan suspended his leader if he offended him until he is disobeyed, and corrupt is contrary to reform, and the suspension is to reclamation.⁸

Corruption came in the sense of: taking money unjustly, and hard.⁹

Thus, corruption in the Arabic language is used to describe any prohibited deviant behaviour, not valid, as it indicates damage, and the exit of the thing from the ordinary, that is, the injury of damage and disturbance, so you say that the thing is corrupted, i.e. the defect realized, and the disappearance of the image from the material after it was obtained..¹⁰

2-Definition of corruption in foreign languages

In fact, the singular corruption is a Latin word, which is derived verb (to break),

(Rumpere) i.e. cracking, breaking social or administrative value.

In the English language “Corruption” is derived from Corrupt, and according to the Oxford dictionary, it is the deterioration of values and Morals. ¹¹

In the French language, came in the sense that the employee breaks a legal or ethical base or is known custom to reach a certain goal , and has fourteen synonyms. For example, it may take the meaning of SU BORDIANLION, POURRISSEMENT. ¹²

A-2- The idiomatic definition of Corruption

The phenomenon, as well known, is characterized by continuity and change, it is not fixed and corruption is considered a general phenomenon that does not involve only one side,

but also includes many meanings in its folds, and includes dimensions and political, cultural, legal, economical, religious , temporal and spatial standards, ¹³ and its meaning differs according to the difference of its users who belong to different cognitive fields, as well as the multiplicity of human activity in which corruption can spread through. ¹⁴

Corruption can be defined as a term that it is: the abuse of the authority granted to an individual or the group, whether this authority is political, social, economic or religious in public money, influence, or cooperation in applying laws or benefit and assistance in its absence in order to achieve personal interest at the expense of the public interest and harm it. ¹⁵

It is also defined as: A form of behaviour that deviates from values, morals, norms and civil virtues that are recognized in society or socially accepted. ¹⁶

In the context of the subject of our study, we tried to focus on financial and administrative corruption in particular, for his extremely dangerous effects.

Dr. Mortada Nuri Mahmoud has defined administrative corruption as the sum of the activities that take place within the government administrative apparatus, which actually leads to the deviation of that device from its official goal in favour of special goals, whether it is renewed or continuous, and whether it was in an individual style or in a regular collective manner.¹⁷

It is clear to us through this definition that administrative corruption is one of the most dangerous types of Corruption, as it paralyzes the administration and makes it unable to perform its tasks with the best performance.

This is with regard to administrative corruption. As for financial corruption, it was known as: “an ethical, legal and economic crime that arises within an environment characterized by legal weakness and field deterrence, which may be the motive for it politically, socially or economically in the absence of moral conscience and job integrity.¹⁸

Financial and administrative corruption can be defined as: “abuse of government authority to obtain gains or benefits for violating the provisions of rules, laws, legislation, or regulations in force. ¹⁹

B- Corruption from the international and regional angle:

Corruption has evolved from a mere scourge or aspect of the administrative bureaucracy to criminal behaviour and due to the overlapping of its causes, manifestations and images, it has become a common denominator between the countries, which prompted them to cooperate with each other, whether it was international or regional cooperation in order to prevent it, and to suppress it effectively and integrately²⁰, and among the international attempts that came to put a definition of corruption we find the following:

• Definition of the International Transparency Organization:

The International Transparency Organization has defined corruption as: “abuse of the public authority or the public job for the private gain directly or indirectly to achieve personal purposes based on favoritism.²¹

• Definition of the United Nations:

The United Nations Agreement did not give a definition of coruption and chose not to know corruption, philosophical or descriptive definition, but rather to define it indirectly through cases in which it is translated into actual practices on the ground, and from there working to criminalize it, ²² and in this regard it asked the countries that have approved this agreement to criminalize all actions indicating corruption in its national laws. ²³

The third chapter of the United Nations Convention included a set of actions carried out by corrupt public employees on the occasion of performing their jobs, which were taught as criminal acts, as follows:

• Bribery
  • Trading in currency
  • Public funds embezzlement
  • Abuse the use of the public employee for his jobs and his position
  • The intentional illicit enrichment of the employee.
  • Bribery in the private Sector.
  • Washing criminal returns ²⁴

B -3- The World Bank definition:

The World Bank has defined corruption as: “Abuse of a job for special earning, corruption usually occurs when an employee accepts, requests, blackmailing or bribery to finance a contract or procedure for a public tender, as it is done when agents or brokers of companies or businesses specially provide bribes to benefit from public policies or procedures to overcome competitors or achieve profits outside the framework of laws.

Corruption can also occur by exploiting the public job without resorting to bribery, and that by appointing relatives or exploiting the state’s funds directly.

This definition focused on two main mechanisms of corruption, namely: bribery, placing the hand on public money and obtaining positions for family members and relatives in the government apparatus. ²⁵

B-4 – Definition of the International Monetary Fund:

The International Monetary Fund came with another concept of corruption, as it sees that: “The relationship of long and hidden hands accredited that aims to earn interest and profits illegally legally from this behaviour for one person or a group related to others. ²⁶ B- 5-Definition of the Arab Convention against Corruption:

The Arab Anti -Corruption Agreement followed the same approach that the United Nations Convention against Corruption and focused on the responsibility of public employees, by criminalizing and restriction acts to bribery and embezzlement to seize the unlawful public funds to infringe on freedoms to harm Public funds, violating job duties, embezzlement of public funds, disabilities of justice, money laundering.²⁷

What is noted on these international and regional attempts regarding the definition of corruption is that there was no clear and knowledgeable definition of the term corruption as much as it was a description of actions that are corruption crimes.

C-Corruption from the angle of Algerian:

The term corruption is considered among the new terminology in Algerian legislation, and the evidence for this is that before 2006, the Algerian legislator did not use the term corruption and did not criminalize it in the penal code, but after Algeria ratifying the United Nations Convention against Corruption, it worked to adapt its legislation with international references, so it devoted an independent law to prevent and combat corruption number 06/01, of 02/20/2006 related to the prevention and control of corruption, which is considered as the basic reference for anti-corruption . ²⁸

But the legislator does not deviate from the road adopted by the United Nations Convention against Corruption, he also paced it and did not set any specific definition of corruption for fear of any deficiencies that may contradict and the agreement, and by referring to the text of Article 02 of Law No. 06-01 in Paragraph “A” we find that the legislator stipulates the concept Corruption so that the term does not remain mysterious and vague and stipulated that corruption is ‘all the crimes stipulated in Chapter Four of this Law ²⁹, and this section included the following crimes:

• Breeding of public employees
• Bribery in the field of public procurement
• Foreign public employees bribery and public international organizations.
• The embezzlement of property by a public employee or
• Treachery
• Exemption and illegal reduction in tax and on fees.
• Influence peddling
• The abuse of the job.
• Conflict of interests
• Taking benefits illegally.
• Failure or false declaration of properties
• Illegal enrichment.
• Receive gifts
• Hidden financing for political parties.
• Bribery in the private sector
• Make property embezzlement in the private sector.
• Emotion of criminal
• Laundering criminal proceeds
• Hide criminal returns.
• Disabling the good walk of justice
• Assault on witnesses, experts, informants and victims
• Malicious report (Communication.)
• Not reporting crimes

With this, we find that in the internal law there was no clear and precise definition of corruption, but there was a description of acts that are corruption crimes punishable by this law and fighting them, and reached more than twenty crimes. ³⁰

Based on the foregoing and the definitions of the term corruption, we can say that corruption has multiple and different definitions that differ according to the difference in the angle of view of it, the idiomatic perspective differs from the linguistic one, and international perspective.

Is not the same as the internal, and we, in turn, have considered a definition of corruption from our perspective and it is like the following: “Corruption is an ancient societal phenomenon and is not the result of today, it is characterized by complexity and the speed of spread, Corruption, of course, does not recognize the time limits or spatial borders, and is not limited to a state without another, as it threatens states, no matter

how advanced their progress, and has severe implications and effects on societies and states if efforts and real wills do not join to combat.¨

D -Definition of transparency:

The term transparency and its meanings were not known or circulated, except recently with the foundation of The International Transparency Organization at the beginning of the nineties of the previous century, when the German Peter Eigen founded with nine of five different countries this organization that aims to fight administrative and financial corruption, which Mr Eigen was so in many details by virtue of his work in the World Bank.³¹

D-1 -Linguistic definition of transparency/

1. In the Arabic language

Transparency from the word transparent, it is the lightness is the case. ³²

It is as well defined as the ability to see the things behind others and then know the things and see them in a reasonable amount of clarity and reality. ³³

• In English

It is a translation of the transparence (trans), its meaning is via or behind,

and the word transparency means that the thing is transparent, explicit, clear, well seen through, unambiguous. ³⁴

D-2- The idiomatic definition is transparent

Transparency has become one of the most important terms that are used in the world within the founding principles of Good governance, and it means in short the necessity of disclosing to the public, and informing them of the general political approach and how the state is managed by those in charge of it.³⁵

Transparency is also defined as a mechanism for revealing and advertising by the state for all its activities in planning and implementation.³⁶

Also, transparency means Transparency means openness and clear disclosure of data, mechanisms, imports and exports. and governmental and administrative exchanges through the media and other regulatory means, which allows civil society, the media, the judiciary and citizens all the knowledge of governmental and administrative businesses. Transparency, thus, allows the supervisory practice of regulatory agencies and civil society, and this is the first link in treating the phenomenon of administrative and financial corruption and because

the first climate of corruption It is the absence of administrative transparency before, during and after the completion of administrative work, as well.

The service or its financiers and the openness of procedures, goals and objectives which applies on government actions, and applies also to the work of other non –governmental institutions.³⁷

E-Definition of transparency from the international angle:

From the international stand point, transparency comes as one of the basic principles governing the international Commercial system, we find that the International Transparency Organization defined it as disclosure and spreading all the information through the establishment of an effective system for internal review of protection from the risks of corruption in its public administration.³⁸

The United Nations has defined it as the freedom to flow information with its broadest concepts, i.e. providing the necessary information to preserve their interests and take appropriate decisions, and discover errors. “

The GATT agreement is also based on a number of basic conditions that govern the dealing between the contracting countries in the World Trade Organization, where transparency is one of the most important principles with what it means from the commitment of member states to immediately publish their laws, legislation and customs systems for dividing their products, tariff levels and taxes.³⁹

The Universal Declaration of Human Rights also spoke about the principle of transparency, despite the absence of an explicit text ⁴⁰ about it in the declaration, but it is discovered from the text Article 19 of it, in which it is stated that every person has the right to freedom of opinion and expression, and this right includes freedom to convert to opinions without interference and fulfilment of news and ideas, receiving and broadcasting them by any means.

F- Definition of transparency from the angle of Algerian law

There is no doubt that the constitutional principles remain merely ink on paper if they are not embodied in the laws that regulate various areas of political and social life, and from this standpoint several laws included formal conditions through which the character of transparency can be given to the administration’s actions, and this is what is stated in the text of Article 15 of the third chapter of the constitutional amendment for the year 2016 that it is

the duty of the state to encourage at the level of local groups based on the fact that the elected councils are the appropriate framework in which the people express his will, and through it, monitors the work of the public authorities, and the strong guarantees in this constitutional amendment in favour of transparency in conducting public funds Article 192 and monitoring elections Article 193 and the prevention of Corruption Article 203.

Article 10 of Law No. 06-01 of the aforementioned stipulates the promotion of transparency, responsibility and rationality in the conduct of government funds.

Through the foregoing, transparency is a law means the mechanism for detecting corruption by adopting the authority to advertising and media about its policy and involving citizens in decision -making operations, especially at the local level, and the obligation to reach public’s knowledge of the way of distribute responsibilities in the state between both the executive and judicial authority, and the powers of each of them are to achieve a greater margin of integrity.

Within the framework of the establishment of justice, the rule of law, as transparency in the financial field is based on two basic elements: responsibility and accountability. The government has a major role to play in this field to orientate the economic activity to what serves the economic orientation and realises efficiency. ⁴¹

Based on the foregoing and the definitions of the term transparency, we, in turn, decided to define it and we have come to say that transparency is the thing that can be seen easily, it is the opposite of ambiguity or confidentiality at work, and it also means providing full information about the activities of the press and public opinion and the citizens who want to see the government’s actions, as it is one of the most prominent basic elements based on it in the fight against corruption, The higher the transparency indicators are, the lower corruption is.

Second: The definition of the supreme authority of transparency and the prevention of corruption and its control.

We will discuss in this regard the constitutional and legal definition of the Supreme Authority of Transparency and the Prevention of Corruption and its combat.

A- The constitutional definition of the Supreme Authority for Transparency and Prevention and Control of it

The Supreme Authority for Transparency and the Prevention of Corruption and the control of it is considered as the most recent form in the legislation in Algeria, came after the Algerian constitutional founder went with the reforms adopted by the comparative legal systems regarding the creation of constitutional bodies specialized in addressing the phenomenon of corruption, ⁴² and in pursuant to the institutional reform that came through the constitutional amendment for the year 2020, the supreme authority of transparency and the prevention of corruption and control of it was created , and the definition of the supreme authority in the text of Article 204 of the constitutional amendment of the year 2020 was phrased as follows:

The Supreme Authority for Transparency and Corruption Prevention and its combat by an independent institution. ⁴³

It is clear through the text of Article 204 mentioned above that the constitutional founder granted a new designation expressed in the term “authority instead of” the body “as this designation aims to emphasize the effectiveness of the role of this updated mechanism in combating corruption in all its forms and in all powers, and this step is considered very distinctive in the history of constitutional amendments because the constitutional founder gave this institution the authoritarian nature that was not before in the National Institution

for the Prevention of Corruption and its control on the one hand, and on the other hand, the supreme authority has become an independent institution and not subject to any control or guardianship after it was in light of the constitutional amendment of 2016, placed by the President of the Republic, and this is all for the promotion of fighting and preventing corruption and consolidating the principles of transparency.⁴⁴

B- The legal definition of the Supreme Authority of Transparency and the Prevention and combat of Corruption

The Algerian legislator emphasized the advantage of the independence that the constitutional founder brought through the text of Article 204 of the constitutional amendment of 2020, where the text of Article 02 of Law No.22-08 was: The supreme authority is an independent institution that enjoys moral personality and financial and administrative independence, ⁴⁵ and it is clear through the text of Article 02 mentioned above that the supreme authority has a kind of independence and does not follow any part, which helps it naturally to perform the powers freely and in a comfortable manner, and away from the pressures that make it deviate from the goal to which it aims. ⁴⁶

From the foregoing of the aforementioned definitions, we conclude that the supreme authority of transparency and the prevention and control of corruption is: a new constitutional and supervisory institution that came on the aftermath of the National Authority for Corruption Prevention and its control, embodied by the constitutional amendment for the year 2020 and granted its independence, and it is considered among the modern methods in the practice of public authority that dedicated to implement the national strategy for the prevention of corruption and its control. It is based on transparency and integrity.

The second branch: the legal nature of the Supreme Authority of Transparency and the Prevention of Corruption and its control

Face to the exacerbation and the spread of corruption and the creativity within, and in light of the absence of the sense of responsibility and transparency in the Conduct of the public matters,⁴⁷ it became necessary to put up an efficient policy to fight the corruption phenomenon and not only keep to the after coming sanction measures, and rather create preventive and contemporary ways that would prevent the generation of the phenomenon itself and before its spread, ⁴⁸ and reduce the impact of the phenomenon of corruption so not to say to irradiate it permanently, work to prevent corruption crimes and maintain public funds, and works to restore confidence between the governor and the governed. ⁴⁹

However, this matter can only be achieved by creating independent structures and institutions and working to provide them with what is necessary in order to reach the purpose to be achieved⁵⁰, perhaps the most prominent of which is the supreme authority of transparency and the prevention of corruption and its control that was created after the institutional reform that the constitutional amendment of 2020, which in turn is considered

one of the latest constitutional tools that seek to moralising public life, and work to achieve the highest indicators of integrity and transparency in the management of public affairs, ⁵¹ which the constitutional founder brought as an alternative, of the National Authority for the Prevention of Corruption and its Control in order to trespass the deficiencies that the commission had previously assumed and revealed its limitations, as the Algerian legislator in this regard deleted the legal texts regulating the National Institution for the Prevention of Corruption and its control mentioned in Law No. N6-01 fore mentioned, especially articles from 17 to 24 ⁵², according to the text of Article 39 ⁵³ of Law No. 22-08.

The constitutional founder decided on the legal nature of the Supreme Authority in the text of Article 204 of the constitutional amendment of 2020, when he recognized its independence, and considered it an independent institution, which was supported by Article Two of Law No. 22-08 by its text: “The Supreme Authority is an independent institution that enjoys the moral personality and financial and administrative independence. ⁵⁴

The constitutional founder through the constitutional amendment of 2016 when Article 202 stipulated in the first paragraph of it that: “The National Institution for the Prevention of Corruption and its control is an Independent Administrative authority placed by the President of the Republic. ⁵⁵

This is the same thing that was mentioned in the text of Article 18 in the first paragraph of it from Law No. 06-01 and the constitutional founder was good when he granted ⁵⁶ the independence to the authority and eliminated its dependency to the President of the Republic. This will inevitably have a positive impact on the success of its basic mission, which is the prevention and combat of corruption on the one hand, and on the other hand we note that its legal nature did not differ from its predecessor, the national institution, as it is among the independent administrative authorities, and is a modern mechanisms in practicing public authority. But the assumption that it is recognized as an independent administrative authority implies providing it with a true independent authority that is interpreted into the ability to make various decisions, as it combines several different functions such as management, control and prevention⁵⁷, and the legal characterisation that the legislator gave to and which denotes it as an independent authority means that it enjoys the administrative and authoritarian nature, since it consists in a new organization and is not classified within the traditional administrative pyramid that is based on dividing the public administration into a central administration and another, not central. Thus it is not dependent from the government and does not fall under its control, as well it enjoys an authority that enables it to exercise the privileges of the public authority⁵⁸. And thus, the Supreme authority currently,the

“National Authority” previously is among the independent administrative authorities upon which the legislator relies widely in exercising the public authority ⁵⁹; noting that it ranks as one of the modern methods that the Algerian legislator resorted to following the example of his French counterpart, due to the multiplicity of areas to be controlled.

The second requirement: The reasons for the creation of the Supreme Authority of Transparency and the Prevention of Corruption and combat it and the illustration its advantages

The coincidence did not play any role in creating the supreme authority of transparency and the prevention of corruption and its control, Rather, its creation was due to a loan of motives that ranged between the shortcomings that the National institution for the Prevention of Corruption and its combat, and revealed its ineffectiveness as the mechanism of ensuring the fight against corruption and the necessities of institutional reform that came to the constitutional amendment for the year 2020.

The supreme authority was distinguished by several advantages that made it distinguished from other authorities in the country.

The first branch: The reasons for the creation of the supreme authority of transparency and the prevention of corruption and its control.

The spread of the phenomenon of corruption in Algerian society and its aggravation is still increasing in continuous escalation despite the establishment of the legislator for the National Institution for the Prevention and Control of Corruption, and that it is assumed that in light of its existence, the levels of corruption would decrease, not the opposite.⁶⁰

The fact which led to questioning the extent of its effectiveness. In its existence, the issue of corruption and its combat exceeds the stereotype, which led the officials to dare to practice corruption and get skilled in it in many sectors, and under the attention of the censorship bodies ⁶¹. How they could not seize such fertile environment characterized by lack of transparency and accountability and tempting everyone who has the same prejudice and manipulation of state funds. And in light of the continued disregard for public funds, the streets of Algeria all over the country, witnessed the exit of all the spectra of civil society on: 02/22/2019 in the form of wide protest movements in the name of “Popular Movement“, which in turn was not only an expression of a sudden vigilance for the people, but was

achieved by a number of political and economic reasons⁶², and this event coincided with the date of the 2019 presidential elections, and it was an appropriate opportunity for the candidates to present promises to eradicate the roots of corruption, if they reached the power, namely, the current president Mr. Abdul Majeed Taboun, who has included it in his program after his victory in those elections.

Then the country’s supreme authorities began reviewing legal texts in the context of embodying the President’s program, including those related to the prevention and combat of corruption on the head of which was the constitutionalisation of the transparency in the constitutional amendment 2020, and resulted from the establishment of the supreme authority or transparency of prevention and combat of corruption⁶³, it came to avoid the failures of most of the previous experiences to create national bodies to combat corruption and to remedy the deficiencies that disrupted the real role entrusted with the National Institution for Corruption Prevention and combat of it.

From this, some shortcomings that decreased from the effectiveness of this body can be summarized in the following points:

A-The late inauguration of the National institution for Corruption Prevention and its combat.

It should be noted that despite the establishment of the National institution for Prevention and control of Corruption in 2006, its actual work did not see the light until after four (04) full years, and this was on 01/04/2011 and this delay was due to the failure of the President of the Republic to exercise his duties in appointing the formation of this body except in 07/ 11/ 2010 where he issued the presidential decree related to the appointment of members of the commission, and despite the issuance of this decree the body remained p ractically frozen on the ground, due to the lack of performance of its members and its legal administrative staff, according to which the authority legislates its duties, but it performed it on 04/04/2011, which led to the remaining tasks also frozen ⁶⁴, this is what opened the door wide to question the goodwill and the strong determination of the state in reducing the phenomenon of corruption.⁶⁵

B- The National Institution for the Prevention of Corruption and its control is a mere mock body:

What confirms that the National Authority for the Prevention of Corruption and its control is merely a mock body is that since its inauguration and starting with its tasks did not

submit any report to the proceeds of its activity and its work in front of the competent authorities or public opinion, and it was not known that it has organized a media activity or an awareness that brings to the citizens the nature of its work ⁶⁶, and on the other hand, the commission did not play any prominent role in combating corruption, it is a strange paradox that corruption has increased in a terrible way in her shadow ⁶⁷.

In addition to that it did not use media technology in order to involve citizens in controlling the phenomenon of corruption, it was supposed to put in the hands of the citizens a green number of its own in order to enable them to report Corruption cases.⁶⁸

C-The overwhelming of the preventive nature of the tasks of the National institution for Corruption Prevention and its combat

By checking the role of the National Corruption Prevention institution and its control,

we find that most of its powers are of a consultative nature only, it had no contribution to combating the resounding corruption issues that rocked the

national economy as the highway east west scandal, and the successive Sonatrach bids without forgetting the case of the Bank of Khalifa, which was known as the century scandal and other issues, and financial Corruption with astronomical numbers ⁶⁹..

Even though its name suggested it was meant to play a role in control, but its role was mainly limited to prevention ⁷⁰. It is devoid of every authority of repression or punishment, and it cannot take any deterrent measures or strict decisions. Regarding corruption issues and has no punitive repressive powers, contrary to what its name indicates it is merely a body with a preventive formula, not a control. ⁷¹

D- limit the supervisory role of the National Authority for the Prevention of Corruption and its control

Through what was stated in Law No. 06-01, we find that the National Institution for the Prevention of Corruption and its control has some supervisory or semi-supervisory specializations if you will, through which the Algerian legislator tried to add a kind of vitality to its work ⁷², and we find these specializations in the text of Article 20 ⁷³ of Law No. 06-01, but it is noticed that the legislator did not provide it with the obligatory competencies to combat corruption actually,⁷⁴ where we find that its control ends when preparing reports and submitting them to the President of the Republic without having any role in moving the public lawsuit by notifying the competent judicial authorities⁷⁵, which confirms the limited control

role, as it is nothing more than a consulting body that is satisfied with submitting and making suggestions not more.⁷⁶

E-The President’s monopoly on the authority to appoint and end the tasks of the President and members of the National Institution for Corruption Prevention and its Control

It goes without the statement that the independence of the independent administrative authorities is measured by the availability of the collective determining, the custody of the members, and the multiplicity of specific bodies, as it is also measured by the nature, lack of submission to the implementation of the executive authority⁷⁷, except that by referring to Law No. 06-01, we find that the legislator has violated these standards, and this appears through the formation and organization 64-12 ⁷⁸, determining the formation of the commission in the second chapter of it under the title “The Collection”, where it stipulated in the article 05 of it on the following: The commission is formed from a president and six members 06 concerned with a presidential decree.⁷⁹

Which means that the appointment is one represented in the President of the Republic without anyone else, and thus the absence of the multiplicity of the selection and appointment parts, which makes the authority in a subordinate state of the executive authority, which decreases from its independence and limits its effectiveness as a device charged with addressing all forms of corruption ⁸⁰, this is regarding the issue of appointment.

As for the completion of the tasks of the members of the commission, it is in the same way as the method of appointment, which is stipulated in Article 05 in paragraph 02 of them, provided that”… their tasks end according to the same forms” ⁸¹ meaning that the membership ends with the expiration of a five -year period from the date of the appointment, and of course the termination is by the President of the Republic under a presidential decree, which inevitably affects the independence of its members.

F-The executive authority rules in determining the membership of the members of the National Authority for Corruption Prevention and its combating:

Among the other standards through which is measured the independence of the National Institution for Prevention of Corruption and its Control we find the standard of custody – determining the duration of the appointment of members- which in turn is one of the most

important pillars in order to demonstrate the character of independence for the members of the body⁸². And with return to Article 05 from the presidential decree N°64-12 aforementioned it stipulates as follows: …they are appointed by a presidential decree for the duration of 05 years Renewable for 01 period.⁸³

Their duties end according to the same forms.

The legislator has taken the principle of the ability to renew the period for one period, and this was interpreted with more than one interpretation, it was interpreted that it limits the independence of the body, because this will make the members under the command and dependency of the executive authority, and else ways, the renewal may negatively contribute to the bad functioning of the authority, especially in the case of its establishment on non- transparent and unfair criteria such as bargain, where the renewal of membership could lead to transactions that are inconsistent with the principle of independence. ⁸⁴

G- The relativity of the financial independence National institution for the Prevention and combat

Financial independence requires that the national institution possess its own budget, for as one of the most important effects of the enjoyment of the moral personality is the existence of an independent financial liability that is outside the benefits provided by the state⁸⁵, but despite the authority’s enjoyment of this feature stipulated in Article 18 ⁸⁶ of the aforementioned law 01-06, and confirmed by Article 202 ⁸⁷ of the constitutional amendment for the year 2016, but its financial independence is not absolute but relative due to the effects practiced by the executive authority, which appear on the one hand in the benefits provided by the state to the institution, and on the other hand, in the authority’s submission to financial supervision practiced by the financial observer appointed by the minister in charge of finance ⁸⁸, and therefore the body will be in a permanent dependency case for the executive authority on the basis of those who decide^.89

H-Obliging and combating the National Corruption Commission to submit the annual report to the President of the Republic:

Referring to the text of Article 24 of Law No. 06-01: The Institution shall submit to the President of the Republic an annual report that includes an evaluation of activities related to the prevention and combat of corruption .⁹⁰

The same is confirmed by Article 203 ⁹¹ of the constitutional amendment of 2016, and therefore obliging the commission to prepare the annual report and send it to the President of the Republic is a restriction of its freedom to carry out its activity and a manifestation of its place under the authority of the President and consequently its dependence to for the executive authority due to the post control it applied but this latter. ⁹²

The question remains about the fate of the annual report that the authority is preparing after presenting it to the executive authority, and why did the legislator leave this mysterious issue? And ignore the publishing procedures for the report !!This raises doubts and interpretations, as the absence of this element would oppose one of the principles of the good governance represented in “transparency”.⁹³

I- Restricting the authority of the National Institution for the Prevention of Corruption and its control of moving the public lawsuit

Independent , Even though the legislator characterized it as an independent administration, he did not give her a real and independent authority in decision -making,⁹⁴ and despite her enjoyment of the moral personality and the eligibility of litigation, but when she reaches facts with a criminal description she cannot start the task of moving the public lawsuit, the Minister of Justice Keeper ⁹⁵ of Seals is concerned with, since it is not authorized to practice this task directly, but the legislator restricted its authority by the obligation of notifying the Minister of Justice Keeper of seal , in this case the latter is a joining point between it and the competent judicial authorities ⁹⁶, and the latter has the full authority in moving the public lawsuit or not and in this case the authority does not have the right to protest in the event that the Minister of Justice has refused to move the public lawsuit or save the file, and this is not in line with the anti –corruption policy from one side, and from the other, he explained the mediation of the Minister of Justice between her and the competent juridical authorities as to be a subjugation of the institution to the control of The executive authority represented by the former minister, which limits its effectiveness .⁹⁷

J- The limited authority of the National Institution for the Prevention and Control of Corruption and of Receiving Declaration of Property:

Receiving the declaration of property is considered one of the most important tasks assigned to the National Institution for Corruption Prevention and its control, as it is considered one of the most important legal mechanisms to confront corruption, through which

the extent of enlargement or not, and thus activating and revealing the crime of unlawful enrichment, but what is noticed that the legislator has not granted sufficient guarantees to exploit this mechanism, as the authority’s lack of competence to receive the statements of the President of the Republic, members of the government, members of Parliament and other actors in the executive authority weaken the supervisory role granted to the authority in the field of anti -corruption, given that receiving the declaration of property is the only mechanism available to the authority, through which it can move its control ⁹⁸, which earns them in this framework a kind of immunity, which indicates that the lack of respect of laws of the Republic, and the lack of sincere intention in supporting ⁹⁹ the independence of the National Authority for Corruption Prevention and its Control.

K-The continuity of the ascendance of the corruption index in Algeria:

Algeria, like other countries, is still suffering from the phenomenon of corruption in several fields, and strives using what it has of the capabilities to control this phenomenon, which is evident through the effort made the Algerian state over the years. But despite all these efforts we note that the corruption index is still ascendance and has not decreased, on the contrary, the corruption rate increased in Algeria year after year ¹⁰⁰, in addition to Algeria’s late arrangement in the index of transparency and integrity during the years that followed the establishment of the institution,¹⁰¹ which inevitably suggests that it was not effective. It was not up to expectations.

All of these deficiencies and more contributed to the emptying of the National Institution for the Prevention and Control of Corruption of its content and made all its goals and powers ink on the paper,¹⁰² and it remained just an ineffective mock body, which prompted the constitutional founder through the constitutional amendment of 2020 to the need to accelerate and intervene with the status of reforms at the institutional level, and it resulted in the creation of the Supreme Authority of Transparency and prevention and combat of Corruption.

The second branch: clarifying the advantages of the supreme authority of transparency, prevention of corruption and combating it:

The supreme authority of transparency, prevention of corruption, and combating it with a number of advantages that distinguish it from the rest other powers in the state are as follows:

First: The authoritarian nature

The increasing spread of the phenomenon of corruption and the growth of its negative repercussions has pushed the constitutional Founder through the constitutional amendment of 2020 to afford a new designation to the National Institution for the Prevention of Corruption and its combat that prevailed in light of the constitutional amendment for the year 2016 that is completely different from what it was in the past, where he called it explicitly “Supreme Authority“, as this designation suggests that it is the first power in the country that sets and implements the strategy for the Prevention and combat of Corruption ¹⁰³ , and the constitutional founder’s replacement of the term ” The National body” with the term ” The National authority” indicates the explicit recognition of this authoritarian nature on the one hand, and on the other hand indicates its promotion, and the supreme authority has been distinguished by this new nature due to the importance that the Algerian legislator attached to it, due to the danger of the tasks assigned to it, and this is evident through what was granted to them as authorities and wide powers to take fateful decisions ¹⁰⁴, and this character was established through some of its powers stipulated in Article 205 of the constitutional amendment of 2020 and Law No. 22-08.

Second: Constitutional nature

The constitutional founder was promoted by the Supreme authority of transparency and the prevention of corruption and its combat to the ranks of constitutional institutions, and singled out it with a place that had not been seen before.

The constitutional founder has amended the year 2020 by promoting the National Institution for the Prevention and combat of Corruption. And allocated to her the entire chapter (fourth) in the section devoted to control institutions in addition to the Constitutional Court, the Accounting Council and the Independent National Authority for the elections and its members with a set of articles, and allocated to her new powers that differ from what they were in the past, ¹⁰⁵ and therefore, the constitutional isation of the supreme authority of transparency and the prevention of corruption and its combat expresses the existence of a serious will for Algeria to continue to fight corruption unnecessarily as well as contributing to the moralisation of public life, and the promotion of the principles of transparency and governance ¹⁰⁶ on the one hand, and on the other hand, falls within the desire of the constitutional founder in the constitution of Control institutions in Algeria ¹⁰⁷ as an important step to protect public money from all forms of fraud and illegal practices.

Third: The supervisory nature

The constitutional amendment of the year 2020 has added the supreme authority of transparency and the prevention of corruption and its combat within the supervisory institutions, specifically in Chapter (Four) of it under.

The title of the censorship institutions, accordingly it stated enjoying this power and was meant by investigating in the how to use of the public funds an material tools.^108. what confirms to article 148 of the constitutional amendment 2020 , moreover it cares about garanting the legitimate spending far from the spoiled performances, and this is what the legislator bet on by establishing this authority..¹⁰⁹

What is understood through what was touched upon that the supreme authority was promoted to a supervisory body, and therefore it has an effective and productive role contrary to what it was under the National Institution for Corruption Prevention and its combat in the past, as it was seen as a consultative body, and this is what was stated in the constitutional amendment 2016, and thus the constitutional founder put it in its correct frame which is censorship; it affirms the legislator intention in supporting its anti-corruption role.

Fourth: Independent nature

The supreme authority needs transparency and the prevention of corruption and its combat for a sufficient amount of independence as a necessary matter and must be to ensure its neutrality and not to be biased during the exercise of this tasks on the one hand, and on the other hand, this matter ensures that the executive authority does not interfere in the management of its administration and impose its hegemony on it. In this regard, Dr. Zawayimia Rashid believes that what is meant by independence is: not to submit to any censorship whether laddery or guardianship ¹¹², and on this basis, and based on what the United Nations Convention against Corruption of 2004 confirmed to the commitment of the parties to granting the commission to the necessary independence to enable this body to carry out its functions effectively and without any justified impact ¹¹³, so the constitutional founder took the initiative through the Constitutional amendment of 2020 to the text that the supreme authority is an independent institution, to be followed by the legislator by definitely the advantage itself And, by its text in Article 02 of Law No. 22-08 that the supreme authority is an independent institution … ¹¹⁴, it is thus independent of the executive authority and is not subject to its control, and this has reflected positively in the performance of its powers to the fullest extent and away from the pressures and effects dictated by the executive authority ¹¹⁵.

All of these shortcomings and more contributed to the emptying of the National Corruption Authority, from its content, made all its goals and powers merely ink on paper. And it remained just an inactive mock body, the matter which prompted the constitutional founder through the constitutional amendment of 2020 to the need to accelerate and intervene by setting reforms at the institutional level, and this resulted in the creation of the supreme authority of transparency and prevention from corruption and combating it.

The second topic: The powers of the supreme authority of transparency and the prevention and control of corruption

In the context of proposing a comprehensive policy to prevent and combat corruption through which the principles of the state of law and the activation of integrity and transparency are embodied in the conduct of public affairs and funds, the Constitutional founder expanded the powers of the supreme authority to transparency and prevent and combat corruption and make it characterized by much stronger powers than those that were granted to the National Institution for Prevention and combat of corruption in the past. The constitutional founder was not satisfied with the constitutional powers that he granted it under the constitutional amendment of 2020, but rather stipulated in the last paragraph of Article 205¹¹⁸ of it that the other powers of the Supreme Authority are determined by the law, and to embody the content of this paragraph was issued Law No. 22-08, which in turn came with legal powers complementing what was included in the constitutional amendment of 2020.

The first requirement: the constitutional powers of the Supreme Authority for Transparency and the Prevention of Corruption and its control in light of the constitutional amendment of 2020

The supreme authority of transparency and the prevention of corruption and its control enjoys of many powers that enable it to exercise the privileges of the public authority, especially the moralisation of public life.

The first branch: powers of an executive nature

The supreme authority of transparency and the prevention of corruption and its control enjoys of executive powers regarding many issues:

• Watching the setting of the national strategy for transparency and the prevention of corruption and its control, which it set itself without the intervention of another part into effect, as it brought together the organization and implementation, but it is not concerned with the authority of punishment in this regard, other bodies are in charge to assume the issue of investigation and punishment, and the supreme authority is also ensuring transparency and prevention of corruption and its control of the follow -up of the implementation of the national strategy for transparency and prevention of corruption and its combat. https://ecohumanism.co.uk/joe/ecohumanism/article/view/7258
• Follow -up, implement and disseminate a culture of transparency and the prevention of corruption to limit the spread of corruption and form generations that fight corruption and reject it.¹¹⁸
• According to what was stated in the constitutional amendment of 2020, the supreme authority of transparency and the prevention of corruption and its combat, is in charge of developing a national strategy to combat corruption and ensure its execution.

The second branch: powers of a Reporting nature

The supreme authority for transparency and the prevention of corruption is also concerned with issuing organizational decisions and deliberation regarding many issues represented in:

• Establishing a national strategy for transparency and prevention of Corruption where it decides upon the strategies that it deems appropriate to enhance Transparency and contribute to the prevention of corruption and the latter is binding on all the concerned authorities, and which must be adhered to; knowing that setting the strategy was not the jurisdiction of the National Institution for prevention of corruption and its combat before, but its role depended on a mere proposal to prevent corruption without neither the part related to control and fight nor proposing a comprehensive policy related to transparency, but rather it proposes it within the rules of prevention of corruption, ,and government departments were in charge of setting a comprehensive policy with the possibility of violating it since they are not binded to follow the propositions of the national institution.

Meanwhile, and in the light of the constitutional amendment 2020, the supreme authority is singled with implementing the national strategy of transparency and prevention of corruption and controlling it, and thus the supreme authority decides upon what rules are suitable to prevention and combat of corruption and for transparency. ¹¹⁹ What explains that the Supreme Authority is specialized in setting the public policy which embodies the transparency through the binding of clarity in the relation with the public concerning providing services and disclosure to people about the entire of procedures followed by the supervising authority, for the role of the Supreme Authority is not limited in the propositions but it limiting the non-declared measures characterised by confidentiality and ambiguity, therefore public is excluded from contributing in it.

• The fourth dash of the article N° 20 Law 06-01 stipulated the following: <<collecting and centralising and exploiting all the information that could contribute in detecting acts of corruption and the prevention of it, particularly searching in legislation, regulation, procedures and administrative practices over factors of corruption for the sake of providing recommendations to eliminate them.>>¹²⁰

The aforementioned article explained that adding to the powers previously mentioned, they are getting collected all the information in relation to transparency without precision from the legislator of the way it is done, with emphasis on its relation to the field of speciality of the Supreme Authority of transparency and prevention of corruption and its combat.

• In addition to notifying the concerned parts by those infractions, and delivering reports and orders concerning the infractions which it stipulated the examination in case of necessity to the organisations whether in public or private sector to put an end to that.

The third branch: the powers of the supreme authority for transparency and the prevention of Corruption and its control

In Article 205 of the constitutional amendment of 2020 The constitutional founder acknowledged the existence of other powers The Supreme Authority for Transparency and Prevention and Control of Corruption.

Accordingly, these powers are in the following:

• Establishing a national strategy for transparency and prevention of corruption and controlling it, and ensuring its implementation and follow-up.
• Collecting, processing and communicating information related to the standard of its competence and placing it within the reach of the competent devices.
• Notifying the Council of Accounting and the competent judicial authority whenever it seems to have violations and issuing orders, when necessary for the institutions and agencies Concerned.
• Contribute to strengthening the capabilities of civil society and other actors in the field of fighting corruption.
• Follow -up, implementation and dissemination of a culture of transparency, prevention and fighting corruption.
• Express the opinion on legal texts related to their field of competence.
• Participate in the formation of agents charged with transparency, prevention and anti- corruption.
• Contributing to the moralisation of public life and the promotion of the principles of transparency, good governance, prevention and control of Corruption.¹²¹

What is noticed on the text of this article specifically in the sixth state is that the supreme authority still maintains the consultative role that was in the National Institution for Corruption Prevention and its control before, as it expresses its opinion on the draft laws submitted by the government or the proposals of laws submitted by deputies¹²², but it is worth noting that the issue of expressing the supreme authority to its opinion on these issues that are presented to it, despite the importance of its opinion on this matter, it appears in the advice she provides is not binding the parts which requested it ¹²³; this what inevitably raises the question about the mandatory opinions issued by the Supreme Authority.

The second requirement: the legal powers of the Supreme Authority for Transparency and the Prevention of Corruption And combat it in the light Law No.22-08

The last paragraph of Article 205 of the constitutional amendment of 2020 states that:< the law determines the organization and formation of the supreme authority of the prevention of corruption and its control, as well as its other powers>.¹²⁴

In implementation of what was as stated in the content of this paragraph, Law No. 22-08 was issued, through which the Algerian legislator stipulated these powers under the second chapter under the title of (the Reforms of the Supreme Authority) in Articles from 04 to 15.

The first branch: preventive powers

Preventive policies are the first line of defence against corruption crimes and their perpetrators.¹²⁵ So today the countries have become to intervene before any imbalance in their institutions pursuant following the Saying “Prevention is better than treatment, and thus the search for advanced mechanisms to combat corruption and surround it and liquidate its consequences with preventive devices¹²⁶, and on this basis the Algerian legislator in the texts of Law No. 22-08 deliberately recognized the supreme authority of transparency and prevention and control of Corruption with a set of preventive powers proactively before the crimes of corruption occur.¹²⁷

We find these powers mainly in the text of Article 04 ¹²⁸ of Law No. 22, which are as follows:

• Collection, focus, exploitation and publishing any information or recommendations that would help public administrations and any natural or moral person in preventing and revealing corruption actions.
• Periodic evaluation of legal tools related to transparency and prevention of corruption and its control and administrative measures and their effectiveness in the field of transparency and the prevention of corruption and its control, and the proposal of the appropriate mechanisms to show them, and what draws attention here is that the legislator has left the field open regarding the mechanisms proposed by the supreme authority, which he did not specify it, which understands that the latter had been granted the discretionary authority by the legislator in taking What she sees is appropriate, and that is according to each case individually.¹²⁹

A pre -emptive cooperation in setting a regular and methodological method to exchange information with its counterparts from the bodies at the international level and with the devices and departments concerned with combating corruption, so that they are always ready and steady to eliminate the roots of corruption first -hand, because prevention is much more difficult than punishment.¹³⁰

The supreme authority of transparency dealing with its tasks, which includes essentially evaluation, collecting information, and proposing appropriate mechanisms to prevent Corruption, to come in the end to preparing an annual report on its various activities and submitting it to the President of the Republic.

In this frame, it is clear that the Supreme Authority despite of the recognition of its moral personality and its financial and administrative independence granted to her by the law, her independence is not absolute, she always remains follower to the power of the executive authority embodied in the President of the Republic who takes the decision concerning her report, ¹³¹ this is on the one hand and on the other hand, which we can say that it is a good initiative which is to urge in law No. 22-08 to inform public opinion of the content of the annual report raised to the President of the Republic, and this is unlike to law 01/06 and the decree 06-413 aforementioned which did not mention the necessity of this, and the good deed is good, because that gives transparency to the reports submitted to the President of the Republic, which is a matter of praise and valid.¹³²

Enhancing the rules of transparency and integrity in organizing charitable, religious, cultural and sports activities, and in public and private institutions by preparing and setting space and appropriate systems to prevent and combat corruption that was not contained in Law No. 06-01 and as it made it a qoal that the supreme authority seeks It is a text that was not mentioned in law 01/06 and within the tasks of the National Institution for Corruption Prevention and its control previously, which makes charitable, sports or cultural activities a subject for oversight, so that a part of the financing of these institutions and bodies is from the budget and credits of the state¹³³, as well as because this type of activities has also become the area of suspicion in terms of financial corruption.

That is why the legislator expanded the Supreme Authority’s competence in this framework.¹³⁴

Ensure the development of dealing with regional and international bodies and organizations specialized in preventing Corruption and combating it in order to exchange information in order to fight corruption, and this suggests to us that the legislator will depend on the mechanisms and procedures for recovering assets and returns of corruption crimes that depend mainly on the exchange of information among the member states of the United Nations Convention against Corruption¹³⁵ which is the power that The Supreme Authority undertakes it in accordance with the provisions included in the agreements that show international cooperation in this regard, and perhaps this is due to the repercussions of the phenomenon of corruption at the international level ¹³⁵ _Receiving statements of property and ensuring their treatment and monitoring in accordance with the valid legislation in effect, and the supreme authority undertakes this authority that is considered preventive and supervisory at the same time in order to reveal and reduce administrative corruption by tracking the financial disclosure of a category that the legislator is from the public employees, which is the only way to determine the cases of illegal richness.¹³⁷

To ensure coordination and follow -up of activities and work related to the prevention and control of corruption that was carried out on the basis of periodic and regular reports supported by statistics and analyzes and directed to them by the sectors and respective interveners.

Establishing an interactive network aimed at involving civil society, unifying and promoting its activities in the field of transparency and prevention of corruption and its control, as the legislator ,in Algeria, was interested in involving civil Society as a preventive mechanism as a “guarantor of integrity” where civil society formed the cornerstone in

fighting corruption and its prevention¹³⁸, as it should be noted that this and a basic partner in the prevention strategy anti-Corruption various forms¹³⁹.

It is worth to note that the authority to involve civil society as a preventive mechanism was not under the previous National Institution, and which we consider the most important step that suggests the success of the supreme authority’s work. As when seeing its formation, we find it includes three (03) civil society figures who are appointed by the National Observatory, which achieves transparency and integrity, and supports the principle of prevention from all forms of Corruption in the country.¹⁴⁰

Based on the above, it is clear to us that the Algerian legislator has given attention to the preventive aspect of the supreme authority of transparency and the prevention of corruption and its control of the scope of the powers entrusted to it under Article 04 of Law No. 22-08, which aims in its entirety to cultivate a culture of transparency and integrity.

The second branch: the Controlling Power

The statement was previously mentioned that the supreme authority of transparency and the prevention of corruption and its control its role changed from the consultative role to the supervisory role, which is a logical transformation after rearranging this authority in the part designated for the regulatory bodies¹⁴¹, and the legislator in this field has entrusted it with important control powers to confront and corruption effectively, enabling it to achieve the ruler goals for which it was established.

The controlling power dedicated to the supreme authority, falls on the persons and on the business. This censorship begins before committing the crimes of corruption, and carries on in order to discover those crimes¹⁴², and so that it can practice the supervisory. The legislator obliged all the organisations and public bodies to cooperate with the Supreme Authority and providing her with the information and the documents that she claims for the sake of accomplishing her tasks and that under the penalty prescribed for the crime of obstructing the proper functioning of justice.¹⁴³

The supreme authority of transparency and the prevention of corruption and its control in this context leads many powers through which it aims to ensure the effectiveness of the measures approved to confront corrupt actions in the various institutions of the state, and to determine their effectiveness in the endeavour to besiege the repercussions of the corruption.¹⁴⁴

Perhaps what came within Article 07 of Law No. 22- 08 confirms the powers of the supreme authority in control and follow-up, so that it is stated that the authority undertakes the follow-up of the resignation of public administrations and local groups and the rest of the bodies to adhere to the conformity of transparency systems and prevent and combat corruption Systems, which means that each and every administration mentioned in article 07 has to elaborate a system of transparency to be a reference for censorship¹⁴⁵, and thus the Supreme Authority gets sure of the existence of those systems at these levels, in addition to examining their effectiveness, qualities, and suitability for their implementation ¹⁴⁶, and in this field she has the right to have recommendations with the intention of assisting the relevant institutions in setting appropriate measures and procedures.¹⁴⁷

However, the text of Article 07 of Law No. 22- 08 has not yet specified the cultural systems and the prevention of corruption and its control, as well as the conditions and methods of implementation of them ¹⁴⁸. The article 12 of the same law referred to the organization, and this means that it texts other than this law will be issued to undertake this task.

In this regard, Article 09 of the same law stipulates the capability of the supreme authority in the case that it sees the existence of a violation, and the lack of commitment of the institutions to prevent corruption procedures, in this regard, directives to take measures that would end these violations, and continue to follow up until the institutions submit their report regarding the extent of their commitment to recommendations¹⁴⁹, within a period of one year and in this a clear mechanism for control and follow -up in accordance with the perspective of transparency and prevention of corruption, and according to a specific and procedural time frame that The National Institution for Corruption Prevention and its combat had not before.¹⁵⁰

In the case of non -compliance, the competent agencies are informed in order to take appropriate measures, and it also includes. the supervisory jurisdiction of the Supreme Authority has its powers to receive statements in property, and in this regard, it takes over its treatment and study, and the Algerian legislator has devoted this procedure in the text of Article 04 of Law No. 06-01¹⁵¹ aforementioned.¹⁵²

In response to the recommendations of anti-corruption United Nations Convention in Paragraph 05 of Article 52, which stipulates that each state is a party to establishing effective systems to approve financial disclosure in accordance with its domestic law, regarding the public officials concerned, and provides for appropriate penalties for non compliance¹⁵³, and the law No. 06-01 aforementioned has regulated provisions of the declaration of assets¹⁵⁴, as

well as its legal deadlines in a précised way, so that not to give the reason for the escape of those involved¹⁵⁵; nonetheless, it is not every public employee has to provide his assets declaration before the supreme authority of transparency and the prevention of corruption and its control in the concept of article 02 of the same law.

When it comes to the President of the Republic, members of Parliament, the Prime Minister and members of the government, as well as members of the

Constitutional Court, the President of the Council of Accounting, the Governor of the Bank of Algeria, the judges and the governors, these statements present their statements before the first president of the Supreme Court.¹⁵⁶

Thereupon, it escapes from its competence, which is a weakening of the role of the supreme authority in the field of prevention of corruption as the highest constitutional authority in charge of that¹⁵⁷, taking into account that the Algerian legislator did not give her the jurisdiction of taking the task of receiving the statements of all those involved in the duty to declare property, but rather made them limited to specific groups, and they are the presidents and members of the elected popular councils, and this may be due to the fact that the National Institution to prevent and combat corruption was not included in the constitutional institutions previously.

But after it became according to the constitutional amendment of 2020 a constitutional institution, it was better for the legislator to cancel this exception, and the categories mentioned in the text of Article 06 of Law No. 06-01 for the supreme authority of prevention and combat of corruption.¹⁵⁸

The third branch: curative power

The Supreme Authority for Transparency and Prevention and Control of Corruption has several powers it undertake in the curative or deterrent side as it is terminated. These powers are the following:

First: The powers of the supreme authority of transparency and the prevention of corruption and its control of investigation and inquiry

The Algerian legislator has legislated in Law No. 22- semi-judicial powers of the Supreme Authority for Transparency Prevention of corruption and its control based on the investigation and search ¹⁵⁹, which was stated in the text of Article 05 of the same law, which is carried out by the supreme authority through its assumption of administrative and financial

investigations in the manifestations of the illegal enrichment of the public employee who cannot justify the increase in his financial disclosure¹⁶⁰, and it should be noted that the crime of illegal enrichment came as a dedication to the rule (how could you get that?¹⁶¹, the increases of the wealth of some employees and their lack of proportionality with their entry and their inability to prove their source compared to their legitimate revenues was one of the driving reasons for the employee accountable for the gain he achieved during his assumption of the public job^162. In our perception, the issue of the investigation is absolutely a logical matter, so how can a public employee at the beginning of his career get wealthy upon one income? And to have a bank balance and wealth overnight !!!

The investigations conducted by the Supreme Authority may include any person who is likely to be related to covering up on the unjustified wealth of a public employee in the event that it turns out that the latter is the real beneficiary of the concept of Law No. 22-08¹⁶³, and in this context the supreme authority can request written or oral clarifications from the public employee or the person concerned. ¹⁶⁴

And since the task of searching and investigating the financial disclosure of the public employee is dangerous and falls within the professional secret for him, The Algerian legislator has allowed and authorized the supreme authority to carry out these investigations, and stressed that it is not consider to be the professional or banking secret in this case, and the supreme authority in this regard was provided with a specialized structure to take over this task ¹⁶⁵, and perhaps the authority to investigate and search that was entrusted to the supreme authority, was the result of the criticism of specialists and followers of corruption issues to the commission in the framework of its previous organization in Algeria regarding the role it was playing, It did not take initiative to open many corruption issues, and the continuity of the increase in the corruption index in Algeria, and the lack of many information about the reality of corruption and the lack of curricula and tools to control it; the thing which suggests in this regard that there is no real will in Algeria to address this

phenomenon.¹⁶⁶

Second: The powers of the supreme authority of transparency and the prevention of corruption and its control of notifying the competent judicial parties

Within the scope of these powers, it is clearly evident the relationship of the supreme authority of transparency and the prevention of corruption and its control to the judicial

authority, which is mainly based on the notification mechanism. These powers appear through the following:

A-The event of the existence of facts ensuring the non-justified enrichment of a public employee:

Returning to the text of Article 11 of Law No. 22-08, we find that if serious elements are available that confirm the existence of unjustified enrichment of a public employee, The Supreme Authority can submit a request to the representative of the Republic to the court Sidi Mohamed reporting for the purpose of issuing conservative measures to freeze banking operations or reserve properties for a period of three (3) months through a judicial order issued by the president of the same Court.

The conservative order with the knowledge of the prosecution and all legal means is to the authorities in charge of its implementation.

This matter is subject to the objection to the same party that issued it within a period of five (05) days from the date of its notification of the concerned, and the matter that includes refusal to the objection is subject to appeal within a period of five (5) days from the date of its notification, and the president of the court decides to raise or extend the conservative measures automatically, or at the request of the competent public prosecutor .¹⁶⁷

Through the extrapolation of the text of this article, it is clear to us that this new authority granted by the Algerian legislator to the Supreme Authority is a praiseworthy order in order to prevent and combat corruption, and the legislator has devoted this to a desire to add the largest possible amount of legal protection to property and the returns of corruption that are often smuggling abroad by reserving and freezing it permanently or temporarily until the final determination of the extent to which the law is in conformity in its criminal edition, and in return ruling on confiscating it or not, and therefore it can be said that the text of Article 11 of Law No. 22-08 mentioned above is only an extension of the text of Article 51 and Article 64 of Law No. 06-01 that approved the freezing, reservation and confiscation.¹⁶⁸

B- In the event of non-declaration or false declaration of the property

The Algerian law determines for a violation of the duty of declaring property a legal responsibility that falls on every public employee who refuses to acquire property declaration or submit an incomplete declaration, and the penalties in this case range from the penalty of imprisonment and a fine as it is a criminal act of the text of Article 36¹⁶⁹. From Law

No.01/06; from this standpoint, the Supreme Authority shall notify the competent public prosecutor regionally, in the event of not declaring after the concerned warning or the state of false declaration of properties.170

It is understood from the above that the legislator made the supreme authority of transparently and prevent corruption and combat it in a direct relationship with the Public Prosecution, and this shows the extent of its independence on the one hand, and on the other hand the extent of its effectiveness in moving quickly to avoid any bureaucratic action that can delay the follow -up of the corrupts¹⁷¹, and that the provision of power with this authority is a new and important gain, according to which the barrier that was transferred from the referral of suspicious files remains In front of Justice¹⁷², after the role of the National Institution for Corruption Prevention and its combat previously was limited to notifying the Minister of Justice of the processing violations, and he is the one who decides the ¹⁷³ whether to move the public lawsuit or not, accordingly, this is making its power limited.

The devotion to the principle of fighting corruption in most of its forms and in order to preserve public funds, the legislator approved in the event of the expiry of the public lawsuit by limitations or the death of the accused the possibility to the public prosecutor, and in consideration of what he has of elements that he informs the judicial agent of the treasury, with the intention of requesting the confiscation of frozen or quarantined property in force through a civil lawsuit, taking into account the rights of others in and good faith ¹⁷⁴.

C-The Case of existence of facts that bear the criminal description:

The Algerian legislator recovered the deficiencies and defects that were in the National Institution for Corruption Prevention and its control previously. The body’s only power was, in the event of existence of corruption acts, in notifying the justice by sending a file to the Minister of Justice keeper of Seals, who, in turn, notifies the public prosecutor competent to move the public suit when necessary.

The Supreme Authority for Transparency and the Prevention and Control of Corruption has been given a task that it undertakes when it processes a violation of the quality and effectiveness of the procedures applied within the public bodies and departments, associations and institutions related to the prevention and disclosure of corruption acts, directing recommendations in order to take measures that put an end to these violations in the period that determines it.

Accordingly, we can say that, in regard to the stipulated given powers in the Supreme Authority for Transparency and Prevention of Corruption and its combat, whether the constitutional that came through the constitutional amendment for the year 2020 or the legal that came after Law No. 22-08 that determines the organization of the supreme authority for transparency and the prevention of corruption and its control, formation and powers, we find that it is much broader than it was under the National Institution for the prevention of Corruption And its fight previously, and therefore it has become more efficient and effective, but we hope that these powers will be embodied on the ground so that it is not just ink on paper.

Conclusion

Based on the above, it appears clear that the Supreme Authority of transparency and prevention and control of corruption is the fruit of the institutional reforms brought by the constitutional founder through the constitutional amendment 2020, and which aimed to the moralisation of the public life and enhancing the principles of transparency and investigation.

Our research about the definition of the Supreme Authority we concluded to saying that a recent controlling institution that aims essentially to achieve the principle of transparency and fight of corruption, and that replaced the national institution which failed to perform its tasks and gave proof of it limitations and ineffectiveness.

We searched as well about the legal instruction of the Supreme Authority and the motives that led to its creation and they were various.

The Supreme Authority also has many characteristics namely its authoritarian, controlling, constitutional and independent nature; these characteristics made it different from the other authorities in the state and privileged.

We searched further in the powers of the Supreme Authority and found that it enjoys broad various powers ranged between the formal powers and other legal powers for to its strategic job. Because its role is no more limited in providing advice and sensation as it was previously with the former body.

Throughout our study of the topic of the Supreme Authority of Transparency and Prevention and Control of corruption as a recent legal and constitutional mechanism to combat corruption in Algeria, we reached a set of results and recommendations as follows:

First: The results

• The amendment of the year 2020 and the popular demands that issued out the popular movement have contributed in the establishment of The supreme authority of the transparency and the prevention of corruption and its control as a new mechanism for fighting corruption.
• The supreme authority of the transparency and the prevention of corruption and its control has replaced The National Institution for prevention and combat of corruption due to the defects that decreased its efficiency.
• The Supreme Authority of Transparency and the Prevention of Corruption was recognized explicitly by the authoritarian nature it has, which helps it to perform its work in the best way to achieve the goals for which it was established.
• The constitutional amendment to the year 2020 linked the supreme authority of transparency and the prevention of Corruption and its control with transparency, which is the basis of anti -corruption, which increases its reliability by the Algerian people.
• The supreme authority of transparency and the prevention of corruption and its control has been transferred from the chapter of consulting bodies to the part of the regulatory bodies.
• The Supreme Authority for Transparency and the Prevention and Control of Corruption has become capable to develop a strategy of preventing of corruption and combating it, unlike what the National Institution for Corruption Prevention was in the past, whose role was only to propose this strategy.
• The supreme authority of transparency and the prevention of corruption and its combat enjoys of the moral personality and financial independence.
• The expansion of the powers of the supreme authority for transparency and the prevention of corruption and its control came within the framework of the keenness of the Algerian constitutional founder and legislator to provide it with powers that are in line with the strategy of fighting Corruption.

Second: Recommandations

• Caring about granting the supreme authority to transparency and prevention of corruption and its necessary independence, the United Nations Convention against Corruption has been keen to give it.
• Singling the Supreme Authority for Transparency and Prevention and Control of Corruption with an independent budget out of the state budget.
• In order to exercise its powers with greater effectiveness, the supreme authority of transparency and prevention and combat must be granted the characteristic of deterrence and punishment because alone censorship without embodied acts is not enough.
• In order to enhance the supervisory role of the Supreme Authority of Transparency and the Prevention and Control of Corruption, it must be enabled to receive statements of property of all groups, and not limit them to a specific category
• The acceleration of issuance of the applied texts of Law No. 22-08, Since corruption is not centralised in the capital; the supreme authority should have its branches of control in all provinces and even municipalities.
• Prevention of corruption and its control of everyone’s responsibility, it is necessary to be keen on raising awareness of the dangers of this phenomenon among citizens, because relying on the supreme authority of transparency and prevention and control of corruption on its own is ridiculous. It is advisable to organize the supreme authority with awareness and information days.
• Promoting the culture of detecting corruption. The Supreme Authority for transparency and the prevention of corruption and its Control must set a system to protect the notifiers and the witnesses.

References list

Legal texts Laws :

1. Law No. 06-01 of 01/21/1427 AH corresponding to 02/20/2006 AD, related to the prevention and control of corruption, , c. R.J. C. Issue 14, issued on 08/03/2006, amended and supplemented by resolution of Order No. 10-105 of 26/08/2010, issue 50, on 01/09/2010, , amended and supplemented by Law No. 11-15 on 02/08/2011, c. R.J. C, issue 44, on 10/08/ 2011.
2. Law No. 16-01 dated 26 /05/1432 AH, corresponding to 06/03/2016 AD, constitutional amendment, c. R.J. C, Issue, 14, issued on 26/05/1423 AH, corresponding to 07/03/2016.
3. Law No. 22-08 related to the organization of the Supreme Authority for Transparency and Prevention and Control of Corruption, its Forms and Its Powers of 04//10/ 1446 AH corresponding to 05/05/2022 AD, c. R.J. C, Issue 32, issued on 04/10/1443 AH corresponding to 05/05/2022.

Decrees:

1. Presidential Decree No. 04-128 of 29/02/1425 corresponding to 19/04/2004, which includes the authentication with reservations on the Nations Convention against Corruption approved by the United Nations General Assembly in New York, on 31/10/2003, c. R.J. C c. issue, No. 26, issued on 29/02/1425 AH corresponding to 25/04/2004.
2.  Presidential Decree No. 12-64 of 14/03/1433 AH corresponding to 07/02/201 2, amended and completed for Presidential Decree No. 06-413 precising the formation of the National Institution for Corruption
3. Prevention and its Control, Organizing it and how to conduct, c. R.J. C. A, Issue 8, issued on 14/03/1433 AH corresponding to 07/02/2012.
4. Presidential Decree No. 20-442 dated 15/05/1442 AH, corresponding to 30/ 12/20020 AD, related to the issuance of the amendment approved in the referendum of November 1,2020, c. R. C. A, No. 82, issued
5. on 15/05/1442 AH, corresponding to 15/12/2020 AD.

Scientific dissertations:

1. Arezki Tebri, The National Institution for Corruption Prevention and Control of Corruption and Governance Policy, Memorandum submitted to obtain a master’s degree in law, majoring in public bodies and governance, Faculty of Law and Political Science, Law Department Abdel Rahman Mira University, Bejaia, Algeria 2014.
2. Badis Bassaioud, The Institutionalization of anti-corruption in Algeria 1999-2012, a memorandum to obtain a master’s degree in political science, the organization and public policies specialize in the Faculty of Law and Political Science, University Mouloud Maamri, Tizi-Ouzou, Algeria, 2015.
3. Jeloul Haydour, The National Institution for the Prevention and Combat of Corruption and the Protection of the Public Assets, thesis submitted to obtain a doctorate degree, specializing in Rights ,public Administration Law department, faculty of Law and political science March 19, 1962, University of Jilali Bounaamah, Sidi Bel Abbes, Algeria, 2021.
4. Khadija Amour, Corruption crimes in the private sector in light of the Algerian criminal legislation, a memorandum provided to obtain a master’s degree in a criminal law, the Faculty of Law and Political Science, Law Department, Qassedi Merbaha, Ouargla University, Algeria,
5. Radia Mass’oud, Financial corruption in Algerian legislation, a thesis submitted to obtain a doctorate the third phase in law specializing in special law, Faculty of Law and Political Science, Sheikh Al-Arabi Al-Tebessi University, Tebessa Algeria, 2022.
6. Saliha Boujadi, Mechanisms for fighting financial and administrative corruption between Islamic jurisprudence and Algerian law, a thesis provided to obtain a doctorate in Islamic sciences specializing in Sharia and the law of the College of Islamic Sciences, Hajj Lakhdar University, Batna 01, Batna, Algeria. 2018.
7. Abdel -Ali Haha, The legal mechanisms for combating administrative corruption in Algeria, a thesis presented to obtain a doctorate, general law, the Faculty of Law and Political Science, Department of Law, |University of Mohamed Khaider, Biskra, Algeria, 2013/2012.
8. Ali Badr Al -Din Al -Haj, Corruption Crime and its combating mechanisms in Algerian legislation, PhD thesis, General Law, Faculty of Law and Political Science, University of Abi Bakr Belkayed Tlemcen, Algeria. 2016.
9. Fazia Majbour, The State Reform and the Corruption Fight, a memorandum to obtain the Master’s degree in political sciences, branch of the public policies and organisation, Faculty of Rights and political sciences, Mouloud Maameri University, Tizi Ouzou, Algeria, 2015.

Books:

1. Abu Al -Fadl Jamal Al Din Muhammad bin Makram bin Manzur, Lissan Al -Arab, Volume Fifth, Dar Al -Maarif, Cairo, Egypt, without an edition number, without the Publication year.
2. Ahsan Bosqia, Al -Wajeez in Private Law, Corruption Crime, Money and Business Crime, Fraud Crime, 2nd edition, Part 2, House of Homa, Algeria, 2008.
3. Ragheb Al -Isfahani, Vocabulary in Gharib Al -Qur’an, Third Edition, Dar Al – Maarefa, Beirut, Lebanon, 2021
4.  Rafafa Fafa, Corruption and Governance, a survey of international reports (case of Algeria), first edition, 2016 AI -Wafa Legal Library, Alexandria,
5. Issam Ahmed Al -Bahji, Transparency and its impact on the fight against administrative corruption, first edition, University of Al -Fikr University, Alexandria, Egypt, 2014
6. Majd Al -Din Muhammad bin Yaqoub Al -Fayrouz Abadi, the Surrounding Dictionary, without the edition of Dar AI -Hadith. Cairo, 2008.
7. Muhammad Abdo Juma, Corruption, its causes , its effects, phenomena, prevention, without edition without the edition of the National Books House, Benghazi, Libya, 2019.
8. Mohyiddine Shaaban Took, the Rational Governance and anti -corruption from the perspective of the United Nations Anti –Corruption Agreement, First Edition, Al – Shorouk Publishing and Distribution House, Amman, Jordan. 2014.

Meetings:

1. Fatima Othmani, where did you get this from? Between the Fragility of texts and the Lack of will to activate, intervention presented in the national meeting about governance of the organisations as a mechanism to limit the financial and administrative corruption, Faculty of economic and commercial sciences and the sciences of management, University Mohamed Khaider, Algiers, 06-07 May, 2012.
2. Muhammad Khaled Al -Muhanni, Mechanisms for protecting public fund and reducing administrative corruption, an intervention within the activities of the International Forum: The Third Arab Forum, entitled: Mechanisms for Protecting Public Money and Reducing Administrative Corruption “, held in Rabat, Kingdom of Morocco, in May 2008.
3. Mona Malaa, Fawzi Khalaf Allah, the Powers of the Supreme Authority for transparency and prevention of corruption and its combat, of an intervention within the work of the National Forum 21 on the supreme authority in promoting transparency and the moralisation of public life in light of the constitutional amendment and the provisions of Law No. 22-08 Faculty of Law and Political Science, the martyr Mohamed Lakhdar University, El oued, Algeria, on 20-21 February.

Scientific interventions

1. Ahssan Gharbi, Supreme Authority for Transparency and Prevention and Control of Corruption in light of the constitutional amendment of 2020, Zian Ashour University Research Magazine, Djelfa, Algeria, Volume 06, No. 01, 2021.
2. Ahmed Bourawi, Shahr Azad Daraji, the Treatment of Corruption in Algeria: the new of the national strategy in combating corruption is the supreme authority for transparency and the prevention of corruption and its combat as a model), Tabna Magazine for Scientific Studies University Center Si Al –Hawas Al -Batna Batna, Algeria, Volume 06. No 01, 2023.
3.  Ahmed Sarbah, Zinedine Jabari, Supreme Authority for Transparency and Prevention and Control of Corruption as a new constitutional and legal mechanism for combating corruption, Journal of Legal and Social Sciences. Zian Ashour University, Djelfa, Algeria, volume 08, N°: 01, 2023.
4.  Ahmed Haltali, the Law of establishing the supreme authority for transparency and prevention of corruption and its Control of 22-08: the change and any the feasibility, the Journal of Legal Studies and Research, Muhammad Boudiaf, University, Al -Masila, Algeria Volume 08, No. 01,2023.
5.  Asia Melaikia, the Supreme authority of transparency and the prevention of corruption and its control in the light of law -22 08, Journal of Legal and Political Thought, Ammar Thliji University, Laghouat Algeria, Volume 06, Issue 02, 2022.
6. lkram Belbey, Khalida Ben, Balaash, the Independence of the Economic Control authorities in Algeria. The North African Economics Magazine, Hasiba Bin Bouali Al

-Shlef, Algeria, 2021.

• Elias Ajabibi, the Legal System of the Supreme Authority for Transparency and the Prevention of Corruption and its Control in the light of Law 22-08, Journal of Judicial jurisprudence, laboratory of informing the impact of jurisprudence on the legislation movement, Muhammad Khaidar University, Biskra, Algeria, Volume 15 Issue 01, 2023.
• Iman Boukassa, Theoretical framework for the phenomenon of financial corruption, the academic journal for legal politic research and , University of Ammar Al -Thliji, Laghouat, Algeria, Volume 02, No. 01,2018.
• Jamal Douby Bounouah, National Authority for Corruption Prevention and Control of Corruntion In Algeria, the Journal of Law and Political Science, Abbas Leghrour University, Khenshla, Algeria,Volume N6 Issue 02, 2019
• Jamal Qarnash The Suprenme Authority for Transparency
• and Prevention and Control of Corruption from the perspective of law 22-08, Batna, Algeria, Volume 05, Issue 02, legal and economic studies journal, university center Ahmed Benabderazak Si elhaouas, Barika, Batna, Algeria, volume 05, N°:02, 2022.
• Hossam El -Din Belhassen, Abdel Halim, Bougrin, the Mechanism of declaring property between prevention and criminalization, Journal of Legal and Political Thought, Ammar Thliji University, Laghouat, Algeria, Volume 06, No. 02, 2022
• Hamza Ashash, Hamza, Khadri, Declaring property as a preventive mechanism to combat corruption. Algerian Journal of Business Law, Mohamed Boudiaf University, Al -Messila, Algeria, Volume 01, No 02, 2020
• Hamida, Goumiri, , the Effectiveness of the anti -corruption mechanisms in Algeria, the National Anti –Corruption Institution, the Central Office of Corruption Combat, Al -Bayan Magazine for Legal and Political Studies Volume 07 No n1, Al – Bashir Al -lbrahimi University, Borj Bouaririj, Algeria. 2022.
• Al Hawas Kaaboush, Corruption: A Theoretical Reading in the Concept and Dimensions, Magazine Political Orbits, Al Madar Knowledge Center for Research and Studies, Tebessa Algeria, Volume 01, Issue 01, 2017.
• Rabeh Rabouhia, the National Authority for Corruption Prevention and its Combat, Al –Bayan Magazine for Political and Legal Studies , Mohamed Al -Bashir Al

-lbrahimi University, Bordj Bou areridj, Algeria, Volume 06, No. 02, 2011.

1. Rashid Zawaymiyah, Legal Status for the High Authority for Transparency and Prevention and Control of Čorruption, Academic Journal of Legal Research, Abdel Rahman University, Mira Bejaia, Algeria, Volume 14, No. 01,
2. Rasheeda Ilam Aksum, Safia Ould Rabeh Ecloli, About the role of the National Authority for Corruption Prevention and its Control in the Facing of Corruption and Limitation in Algerian Law, the critical Journal of Law and Political Science , Mouloud University, Tizi Ouzou Algeria, Volume 16,N°: 04, 2021.
3. Radwan Dodah, Administrative Corruption, its concept, its manifestations and ways of its treatment ,economic study magazine, Zian Ashour University, Dịelfa, Algeria, Volume 08, No. 01 ,2014.
4. Sarah Boussaioud, Sharaf Agoun, the Reality of Corruption in Algeria And the mechanisms of its control, the Journal of Economic and Financial Research, University Larbi Bin Mhidi Umm Al-Bouaghi, Algeria, Volume 05, No. 01,2018.
5. Siham Ben abid, the Specificity of the role of the supreme authority of transparency and the prevention of corruption and its control in fighting corruption from the perspective of Law 22-08, Journal of Rights and Freedoms, Muhammad Khaider University , Biskra , Algeria, Volume 11, No. 01,2023.
6. Shams Al -Din Khalaf Allah, the National Institution for the Prevention of Corruption and its Control between effectiveness and efforts, the Academic Journal of Legal and Political Research, Faculty of Law and Political Science, Ammar Al –Thlji University, Laghouat,, Algeria. Volume 02, No. 01,2016.
7. Saleh Darraji, Muhammad Khalfia, A critical analytical reading of the law of regulation of the supreme authority of transparency and the prevention of corruption and its control , the critical journal of law and political sciences, Mouloud Maamari Tizi Ouzou, Algeria, Volume 18, No. 01, 2023.
8. Sonia Khadrawi, Hamid, Shaush, the Role of civil society in confronting corruption in Algeria, an analytical study in the light of the constitutional amendment 2020, the researcher journal for academic studies, Batna University 1, Hajj Lakhdar, Batna, Algeria, Volume 10. No, 02. 2023.
9. Abdel-Siddik, Sheikh , the Role and Tasks of the National Institution of Prevention and Control of corruption, Afaq Magazine for Sciences, Zian Ashour University, Djelfa, Algeria, Volume 05, No. 01, 2020.
10. Abdel -Qader Mahdawi, Muhammad Al -Mahdi Bin Si Haw, the Principle of transparency in the developments of the legislation in Algeria, Qassedi Merbah University, Ouargla, Algeria, Volume 10, No. 19,2018.
11. Abdel -Karim Talib, Haj Moussa Mansouri, Fighting administrative and financial corruption in Algeria in light of the founding of the supreme authority for transparency and the prevention and control of corruption, the Magazine of Economic Analysis and outlooking, University of Tamenrast, Algeria Volume 03, No. 02, 2022.
12. Abdel Nour Grawi, the Independent National Authority for Elections and the Supreme Authority for Transparency and Prevention of Corruption and its control, Journal of the Constitutional Court, Volume 08, No. 02, 2020.
13. Othman Hwidhk, Muhammad Lamine Selgh, the Legal System of the Supreme Authority for Transparency and Prevention and Control of Corruption,
14. Journal of Legal and Political Sciences, the laboratory of legal and international transformations and their implications for Algerian legislation , University of the martyr Hama Lakhdar Al -Wadi Algeria, , Volume 13,No. 01, 2023.
15. Othman Madahi, International Anti -Corruption Efforts, the United Nations Convention against Corruption as a model, Economic Dimensions Magazine, Mohamed Bougherra University , Boumerdes, Algeria, Volume 09, No. 01, 2019.
16. Omar bin Aishoushe, the role of the National Authority for Corruption Prevention and its combat between ambition and reality , annals of the University of Algiers 1, University of Yusuf Bin Khadda, Algeria, Volume 34, No.04 2023.
17. Omar Zaabat, the Principle of Transparency in the field of public administration activity, Politics and Laws Journal, Kassedi Merbah University, Ouargla, Algeria, Volume 12, No.03, 2020.
18. Fatima Othmani, Nabil Bourmani, the Independence of the National Authority for the Prevention of Corruption and its control between the constitutional vision and the reality, the Heritage Magazine, Zian Ashour University, Djelfa, Algeria, Volume

07. Issue 02. 2017

• Fatima Sayeh, the Role of financial and administrative corruption in the emergence of the popular movement in Algeria, a sample  study from the participants in the

popular movement, the Economic integration magazine, Ahmed Draya University, Adrar, Algeria, Volume 07, No. 03, 2019.

• Favez Groty, Sabah Hamayti, National Institution for Corruption Prevention and Control as a Supervisory Mechanism to address the phenomenon of corruption in Algeria, Journal of Legal Studies, Sovereignty and Globalization Laboratory, Faris Yahya, University, Media, Algeria, Volume 07, No. 02, 2021
• Fayza Mimouni Murad Khalifa, the Criminal politician of the Algerian legislator, in the face of the phenomenon of corruption, Journal of Legal Studies, Al-Basira Center for Research, Consulting and Educational Services, Biskra, Algeria, Volume 03, No. 07, 2009.
• Fawzia Bersouli, Mohamed Jobar, Transparency and Disclosure as two mechanisms to combat administrative and financial corruption, Journal of Legal and Economic Research, Institute of Rights and Political Sciences, University Center, Aflo Al Sharif Bouchoucha, Laghouat, Algeria, Volume 01, No.2 2018.
• Kamal Kadi, The Legal System of the National Institution for Corruption Prevention and its combat to the Light of the Algerian constitutional amendment 2016, magazine of the researcher professor and the legal and political studies, Mohamed Boudiaf University, M’sila, Algeria, Volume 03, N°:02, 2018.
• Laila Bin Turki, Corruption under Law 06-01 and Presidential Decree-20-251: An Analytical Study with the precision of anti-corruption mechanisms, magazine of Hyrodot for the social and human sciences, Hyrodot institution for scientific research and formation, Algeria, volume 0, N°:03, 2023.
• Linda Boudraham, the Legal system of the Supreme Authority for Transparency and Prevention and Control of Corruption, a legal critical study, the academic magazine for the legal research, Abderahman Mira University, Algeria, volume 14, N°:01, 2023.
• Muhammad Saud, Amina Saud, Administrative corruption and the extent of achieving the Governance, journal el Mayden for the mathematical, social, and human studies, Zayen Ashoiur University, Djelfa, Algeria, volume 23, N°: 02, 2020.
• Madiha bin Naji, the Legal system of the Supreme authority of transparency, prevention and control of corruption, the legal political thought magazine, Amar Thliji University, el Aghouat, Algeria, volume 07, N°: 01, 2023.
• Mourad Sekkak, The Financial and Administrative Corruption and the mechanisms of ots combat with reference to the Algerian case, the financing and the investment

and the durable development journal, Ferhat Abbas Universty, Setif, Algeria, volume 04, N°: 02, 2019.

• Messaouda Amara, The Nationa Institjution for prevention and Control of Corruption between the institutional necessity band the limitation of specialities, annals of Algiers 1 University, Ben yusuf Benkhada University, Algeria, volume 32, N°: 02, 2018.
• Maamar Benali , Abdelmalek Dah, Corruption crimes in Law 06_01 and the determined mechanisms to face them in Algeria, journal of the legal and social sciences, Zian Ashour University, Djelfa, Algeria, Volume 05, N°: 01, 2020.
• Malika Hanane, Amer Benbouab, The new of the censorship of the constitutional organisations specialized in prevention and combat of corruption through the constitutional amendment 2020, journal of studies in the public employ, university center of el Bayadh, Algeria, volule 04, N° : 02, 2021.
• Mona Malaa, Warda Benbouabdallah, The Supreme Authority for Transparency and Prevention and Control of Corruption, a reading in law 22-08 issued on 05-05- 2023, journal of legal and political thought, Ammar Theliji University, El Aghouat, Algeria, volume 06, N°: 02, 2022.
• Nadia Tiab, What independence for the Prevention and Combat of Corruption in Algeria?, The voice of Law Magazine, El Jilali Bounaama University, Khemis Meliana, Ain Defla, Algeria, volume :07, N°: 03, 2021L
• Nesreen Meshta, Basheer Saleem, The National Institution for combat of Corruption in the light 06_01 related to prevention and control of corruption, Magazine of the researcher for the academic studies, University of Batna 1, El Haj Lakhdar, Batna, Algeria, volume 08, N°; 02, 2021.
• Naceera Khaloui, The Reforming Path for fighting the Corruption with the constitutions of 2020, Magazine of the researcher for the academic studies, University of Batna 1, El Haj Lakhdar, Batna, Algeria, volume 09, N°: 01, 2022.
• Nawal Laslej, The legal Frame for combating Corruption in Algeria in the light of the constitutional amendment 2020, the Law journal for the legal studies and researches, Dhi Qar University, Faculty of Rights, Ennasria, Iraq, volume 23, N°: 22, 2021.
• Nora Haroon, About the Function independence of the National Institution for the prevention and Combat of the Corruption,  the studies journal about the

effectiveness of the legal rule journal, Abderahman Mira University, Bejaia, Algeria, volume 04, N° 01, 2020.

• Yahia Mejidi, Ismahen Aoun, The evaluation of the reality of the National Institution of the Prevention and Combat of Corruption, the international magazine for the legal and political researches, martyr Hama Lakhdar University, El Oued, Algeria, volume 03, N° 03, 2019.

The electronic Sites:

1. Return to the site of the Algerian News Agency, electronic article entiteled: The civil society , the corner stone for the prevention and combat of corruption on the site: https//aps.dz/ar/societe/141326.2023.03.20.
2. Allaoua Laib, the Establishing of the Supreme Authority for transparency confirms the will for the continuation of the corruption combat, published in Ennasr Newspaper: https:www.ennasronline.com/404

Bibliography

1. The presidential Decree n°04_ 128 dated on 29/02/1425 AH, corresponding to 19/04/2004 AD, including authentication with reserves on the United Nations Convention for the Corruption Combat accredited by The General Assembly of the United Nations in New York, on 31/ 10/ 2003 , No, 26, issued on 29/02/1425 AH corresponding to 25/04/2004 AD.
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1.  Raffafa Fafa, Corruption and governance, a survey study of international reports (case of Algeria), first edition, Al -Wafa legal Library, Alexandria, Egypt, 2016, p. 25.
2. Raffafa Fafa, same reference, p;25.
3. El hawass Kaaboush, Corruton: a theoretical reading in definition and dimensions, Political Orbits journal, the center of knowledge orbit for studies and researches, Tebessa, Algeria, volume 01, N° 01, 2017, p: 143, 144.
4. Ali Badr El-Din, Al -Haj, Corruption Crime and its combating mechanisms in Algerian legislation, PhD thesis in General Law, Faculty of Rights and Political Sciences, University of Abi Bakr Belkaid Tlemcen Algeria, 2017, p. 143.
5. Muhammad Abdo Juma’a, Corruption: its causes, its phenomena, ways of prevention, without edition, National Books House, Benghazi, Libya, 2019, p: 07.
6. Mohyiddine Shaaban Took, The Rational Governance and Fighting Corruption: the Perspective of the United nation against Corruption, First Edition, Dar AI -Shorouk for Publishing and Distribution, Amman, Jordan,2014, p: 96.
7. Radwan, Dodah, Administrative Corruption: The concept , its manifestations and ways to address it, Economic studies magazine, Zian Ashour University, Djelfa Algeria, Volume 08, No. 01, 2014, p: 158.
8. Iman Bouqassa, the Theoretical Framework of the Phenomenon of Financial Corruption, the academic magazine for legal and political researches, Ammar Thlji University, Laghouat Algeria, Volume 02, No. 01 2018, p. 281
9. Murad Sekkak, Financial and Administrative Corruption and the mechanisms of its combat with Reference to the case of Algeria, Journal of Finance, Investment and Sustainable Development, Farhat Abbas University, Setif, Algeria, Volume 04, No. 02, 2019, p. 44.
10. Fayza Mimouni, Murad Khalifa, Criminal Politics of the Algerian legislator in face of the phenomenon of Corruption, the magazine of legal studies, the Basira Center for Research, Consulting and Educational Services, Biskra, Algeria, Volume 03, No. 07, 2009, p. 305.
11. Sara Bousaioud, Sharaf Agoun, The Reality of Corruption in Algeria and the Mechanisms of its Combat, the economic and financial researches magazine, Larbi BenMhidi University, Oumelbouaghi University, Algeria, volume 05, N°:01, 2018, P: 305.
12. Laila Bin Turki, Corruption under Law 06-01 and Presidential Decree 20-251 Analytical Studies with the identification of anticorruption mechanisms, Herodotus Magazine for Human and Social Sciences, Herodotus Foundation for Scientific Research and Training, Algeria, Volume 07, Issue 03, 2023, p. 04.
13. Shaban, the previous reference, p. 99
14. Muhammad Saoud ,Amina Saoud, Administrative corruption and the extent of achieving the Good Governance, Al –Midan Magazine for Maths, Social and Human Studies, Zian Ashour University Algeria, Volume 23, No. 02, 2020, p.264.
15. Ali Badr al -Din al –Hajj, previous reference, p: 29.
16. Othman Madahi, International Anti -Corruption Efforts, the United Nations Convention against Corruption as an example, Economic Dimensions Magazine, Mohamed Bougherra University, Boumerdes Algeria, Volume 09, No. 01. 2019 n. 06.
17. Muammar bin Ali, Abdel-Malik Al-Dah, Corruption Crimes in Law 06-01 and the mechanisms approved to confront them in Algeria, Journal of Legal and Social Sciences, Zian Ashour University, Djelfa, Algeria, Volume 05, No. 01, 2020, p.312.
18. Nawel Laslej, The Legal Frame for fighting Corruption in Algeria in the light of the Constitutional Amendment 2020, The legal Frame for combating Corruption in Algeria in the light of the constitutional amendment 2020, the Law journal for the legal studies and researches, Dhi Qar University, Faculty of Rights, Ennasria, Iraq, volume 23, N°: 22, 2021, p: 363.
19. Article 02 of Law No. 06-01, previous reference, p: 5
20. Muhammad Saoud, Amina Saoud, the previous reference, p. 264.
21. Ali Badr al-Din al-Hajj, previous reference, p. 472.
22. Fawzia Bersouli, Mohamed Jobar, Transparency and Disclosure as two mechanisms to Combat Administrative and Financial Corruption,Economic And Legal Research Magazine, Institute of Law and Political Science, University Center Aflo Al Sharif, Bouchoucha, Laghouat, Algeria, Volume 01, Issue 02, 2018, p. 151
23. Issam Ahmed Al -Bahji. Transparency and its impact on the fight against administrative corruption, first edition, University of University Thought, Alexandria, 2014, p.151.
24. Issam Ahmed Al -Bahji, the same reference, p. 14.
25. Abdel Qadir, Mahdawi Muhammad Al-Mahdi Bin Si Haw, The Principle of Transparency in the Developments of Legislation in Algeria, Qassedi Merbah University, Ouargla Algeria, Volume 10, No. 19, 2018, p. 373
26. Ahmed AI -Bahji, previous reference, p: 15
27. Muhammad Khaled Al-Muhanni, Mechanisms for Protection of Public Fund and Limitation of Administrative Corruption, an intervention presented within the activities of the International Forum: The Third Arab Forum, entitled: Mechanisms for Protection of Public Fund and Limiting Administrative Corruption, held in Rabat, Kingdom of Morocco, in May 2008, p. 36, 47.
28. Omar Zaabat , the Principle of Transparency in the field of public Administration Activity. Ouargla Algeria, Volume 12, No. 03, 2020,p:61
29. Issam Ahmed Al -Bahji, previous reference, p. 18.
30. Omar Zaabat, the previous reference, p: 62
31. Abdel-Qader Al –Mahdawi, Muhammad Mahdi bin Si Haw, previous reference,p.373
32. Naseera Khalwi, The Reforming Path for Combating Corruption within the Constitution of 2020, the researcher’s journal for academic studies, University of Batna 1, Hajj Lakhdar, Batna, Algeria, Volume 09, No. 01, 2022, p: 559
33. Article 02 of Law No. 22-08, previous reference, p: 07
34. Linda Boudrahem, Legal System of the Supreme Authority for Transparency, Prevention and Control of Corruption, Critical Legal Study, Academic Journal of Legal Research, Abdel Rahman Mira University, Bejaia, Algeria, Volume, 14 No. 01, 2023, p. 246.
35. Article 204 of Executive Decree No. 20-442, previous reference p:43
36. Linda Boudrahem, the previous reference, p. 246.
37. Mona Malaa, Fawzi Khalaf Allah, the Specialities of the Supreme Authority for Transparency and the Prevention and Combat of Corruption, an intervention within the work of the National Forum 21 on the role supreme authority in promoting transparency and the moralisation of public life in light of the constitutional amendment and the provisions of Law No. 22-08, Faculty of Law and Political Sciences, Martyr Mohamed Lakhdar University, El oued, Algeria 21-20/02/ 2023, p: 363
38. Khadija Amiour, Crimes of Corruption in the private sector in light of the Algerian criminal legislation, a memorandum submitted to obtain a 48 master’s degree in a criminal law, the Faculty of Law and Political Sciences, Law Department, Qassedi Merbah University, Ouargla Algeria, 2012, p. 71.
39. Abdel Nour Grawi, Independent National Authority for Elections and the Supreme Authority for Transparency and Prevention and Control of Corruption, Journal of the Constitutional Court, Volume 08, No. 02, 2020, p.128
40. Mona Malaa, Warda Benbouabdellah, The Supreme Authority for Transparency and Prevention and Control of Corruption: reading in Law 22_08 issued on 05/05/2022, political and legal thought journal, Ammar Thliji University, Laghouat, Algeria, volume 06, N°: 02, 2022, p: 859.
41. See Article 04 of Law 22-08, previous reference p7
42. See Articles 17 to 24 of the law 06-01, previous reference, p7-8.
43. See Article 39 of Law 22-08, previous reference p: 11
44. Article 02 of Law, 22-08, the same reference, p. 11.
45. Article 202 the first paragraph of the constitutional amendment of 2016.
46. Elias Aharabi, The Legal System of the Supreme Authority for Transparency and Prevention and Combat of in the Shadow of Law 22-08, journal of judicial jurisprudence, laboratory of the impact of the judicial jurisprudence on the movement of legislation, University of Mohamed Khaidrá, Biskra, Algeria, Volume 15, No. 01, 2023, p: 146.
47. Mona Malah Warda bin Bouabdallah, previous reference, p. 859.
48. Abdel -Ali Haha, Legal Mechanisms for Combating Administrative Corruption in Algeria, a thesis on a doctorate, specializing in a general law, Faculty of Law and Political Sciences, Law Department, Muhammad Khaider University, Biskra, Algeria, 2013/2012, p. 485.
49. Abdel -Siddiq Sheikh, the Role and Tasks of the National Institution for Corruption Prevention and combat it, Horizons Magazine for Science, Zian Ashour University, Djelfa, Algeria, Volume 05, No. 01, 2020. P: 35
50. Ahmed Bourawi, Shahr Zaz Dragi, Corruption Treatment in Algeria: The New National Strategy in Combating Corruption (the Supreme Authority for Transparency and Prevention of Corruption and its control as a model), Tabna Magazine for Scientific Studies, University Center Si El hawas, Barika, Batna, Algeria, Volume 06, No. 01 , 2023,p: 124
51. Abdel-Karim Talib, Haj Moussa Mansouir, The Fighting Administrative and Financial Corruption in Algeria, in light of the establishment of the Supreme authority for transparency and the prevention and combat of corruption, the magazine of analysis and economic overlook, University of Tamenrast, Algeria, Volume 03, No. 02, 2022, p. 142.
52. Fatima Sayeh, the Role of Financial and Administrative Corruption in the Emergence of the Popular movement in Algeria, a sampling study from the

participants in the popular movement, the Economic integration magazine, Ahmed Draya University, Adrar, Algeria, Volume 07 No. 03, 2019, P. 36.

• Saleh Dragi, Mohamed Khalfia, a Critical analytical reading background of the Law on Organizing the Supreme Authority for Transparency and Prevention of Corruption and its combat, critical Journal of Law and Political Sciences, Mouloud Maameri, Tizi Ouzou, Algeria, volume 18, n° :01 2023 p:375.
• Shams al-Din Khalaf Allah, the National Authority for the Prevention of Corruption and its control between the event and the efforts, the academic magazine for legal and political research, Faculty of Law and Political Science, Ammar Al-Thliji University, Laghouat, Algeria, Volume 02, No. 01, 2018, p. 226.
• Massoudah Amara, National Institution for Corruption Prevention and its Combat between the Institutional necessity and Limited Specializations, Annuals of the University of Algiers 01, University of Youssef Bin Khadda, Algeria, Volume 32, No. 02, 2018, p. 411.
• Badis Boussaioud, The institutionalization of anti-corruption in Algeria 1999-2012, a memorandum to obtain a master’s degree in political sciences specializing in organization and public policies, Faculty of Law and Political Science, Mouloud Maamari University , Tizi Ouzou Algeria 2015, p. 119
• Saleh Darraji, Muhammad Khalifa, the previous reference, p. 373.
• Saliha Boujadi, Mechanisms for fighting financial and administrative corruption between Islamic jurisprudence and Algerian law, a thesis submitted to obtain a doctorate in Islamic sciences, the specialization of Sharia and the law of the Faculty of Islamic Sciences, Haj Lakhdar Batna University 01 Batna, Batna, Algeria 2018, p. 268.
• Omar bin Aishoush. The role of the National Authority for the Prevention of Corruption and its combat between ambition and reality, annuals of University Algiers 01, University Bin Youssef Bin Khaddah, Algeria, Volume 34, No. 04,2023, p:55
• Nisrren Meshta, Basheer Saleem, The national Institution of Combat of Corruption on the shadow of Law 06-01 related to prevention and Combat of Corruption, the researcher journal for the academic Studies, Batna 01 University, Haj Lakhdar, Batna , Algeria, volume 08, N02, 2021, p: 584.
• Kamal Kadi, The Legal System of the National Institution for the prevention and combat of corruption in the light of the Algerian constitutional Amendment 2016,

the journal of the researcher professor for the legal and political studies, University Mohamed Boudiaf, M’sila, Algeria, volule 03, N° 02, 2018, p: 336

• Abdesedik Shikh, previous reference, p:39.
• See article 20 of Law 06-01, previous reference, p 07- 08
• Fayez Jrouti, Sabah Hemeiti, the National Institution for the prevention and combat of corruption as a controlling mechanism for facing the corruption phenomenon in Algeria, journal of legal studies, laboratory of the sovereignty and globalisation, Yahia fares university, Medea, Algeria, volume: 07, N: 01, 2021, p:408
• Abdesedik Shikh, previous reference, p:39
• Rasheeda Ilem Aksoum, Safia Ould Rabah Iklouli, About the role of the national Institution of prevention and combat in Facing corruption and limiting it in Algerian law, the critical magazine of law and political sciences, University of Mouloud Maamari, Tizi Ouzou, Algeria, Volume 16, No. 04, 2021,p: 22
• Yahia Majidi, Asmahan Aoun, Assessing the Reality of the National Authority for Corruption Prevention and its Combat, International journal of Legal and Political Research, University of the martyr Hama Lakhdar, El Oued,, Algeria, Volume 03, No. 03, 2019, p. 138.
• Presidential Decree No. 12-64 of 14/03/1433 AH corresponding to 07/02/2012 ad, amended and completed for Presidential Decree No. 06-413- determiner for the formation of the National Institution, for the Prevention of Corruption and its combat and organization of it and how to conduct it, C.C.A.J , N: 08, issued on: 14/03/1433 ah, corresponding to 07/ 02/ 2012 ad
• Article 05 of Presidential Decree No. 12-64, the same reference. n. 07
• Nadia Tiab, What independence to prevent and combat corruption in Algerian law?, Voice of Law Magazine, Al –Jilali Bounaama University, , Khamis, Meliana Ain Defla , Algeria, Volume 07, No. 03, 2021, p:48
• Article 05 of Presidential Decree No. 12-64, previous reference. p. 17
• Nadia Tiab, previous reference, p. 49.
• Article 05 of Presidential Decree No.12-64, previous reference. P: 17.
• Fatima Othmani, Nabil Burmani, the Independence of the National Authority for the Prevention of Corruption and its combat between the constitutional vision and reality, Heritage Magazine, Zian Ashour University, Djelfa, Algeria, Volume 07, No. 02,2017, p. 64
• Noura Haroun , About the Functional Independence of the National Authority for the Prevention of Corruption and its combat, the Journal of Studies on the Effectiveness of the Legal Rule, Abdel Rahman Mira University, Bejaia, Algeria, Volume 04, No. 01, 2020, p. 111,
• See Article 18 of Law No. 06-01, previous reference, p: 07
• Article 202 of Law No. 16-01, previous reference, p: 35
• Fatima Othmani, Nabil Burmani, previous reference,p:. 65
• Noura Haroun, the previous reference, p: 111.
• Article 24 of Law No. 06-01, previous reference p: 08
• See Article 203 of Law No. 16-01 Previous reference, p. 37
• Nadia Tiab, the previous reference, p. 54, 55
• Fatima Othmani, Nabil Burmani, previous reference, p. 66.
• Nisreen Meshta, Bashir Selim, previous reference n 58
• Jamal Douby Bounaouah, National Authority for Corruption Prevention and Combat of Corruption as a Constitutional Anti-Corruption Mechanism in Algeria,Journal of Law and Political Sciences, Abbas University of Abbas Laghrour, Khenchela, Algeria, Volume 06, No. 02, 2019, p. 42.
• Nisreen Meshta Bashir Selim, previous reference, p586 / 587.
• Shams al -Din Khalaf Allah, the previous reference, p. 203.
• Yahya Majidi, Asmahan Aoun , previous reference, , p. 43
• Jamal Dobby Bounoua, previousreference, p. 43.
• Fafa Rafafa, previous reference, p.376
• Badis Boussaioud, previous reference, p:118
• Radia Massoud, Financial Corruption in Algerian Legislation, a thesis on a doctorate of the third phase in law, specialization of a special law, the Faculty of Law and Political Sciences, Sheikh Al -Arabi Al -Tebissi University, Tebessa, Algeria. 2022 P 140.
• Siham bin Abaid, the Specificity of the Role of the Supreme Authority for Transparency and the Prevention of Corruption and its combat in fighting Corruption from the perspective of Law 22-08, Journal of Law and Freedoms, Muhammad Khaider University, Biskra, Algeria, Volume 11, No. 01, 2023, P 341
• Ahmed Bourawi, Shahr Zad Daraji, previous reference, p. 144.
• Malika Henan, Amer Bin Bouab the Innovation of the Control of Constitutional Institutions specialized in Prevention and Combating Corruption through the

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2. See Article 205 of Presidential Decree No. 20-442, previous reference, p. 43.
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6. Article 205 of Presidential Decree No. 20- 442, previous reference, p. 43.
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9. Article 205 of Presidential Decree No. 20-442, previous reference, p. 43.

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16. Mona Malaa, Warda bin Bouabdallah, previous reference, p. 356.
17. Siham bin Abid, the previous reference, p: 350
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21. Ahmed Haltali, previous reference, p351, 352.
22. Rashid Zawaymiyyah, previous reference, p24
23. Saleh Darraji, previous reference, p:. 24
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28. See Article 04 of Law No. 06-01, previous reference N5
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30. Mona Malaa, Warda bin Bouabdallah, the previous reference, N 365
31. Asia Malaikia, previous reference, p 866.
32. Jamal Qarnash, previous reference, p. 914
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35. Jamal Qarnash, the previous reference, p. 94
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39. Rashid Zawaymiyyah, previous reference, p:85
40. Linda Boudrahem, previous reference, p: 249
41. Jamal Qarnash, the previous reference, 986
42. Article 11 of Law No. 22-08, previous reference, p: 10
43. Elias Ajabi, previous reference, p. 152
44. See Article 36 of Law No. 06-01, previous reference, p.10
45. Article 10 of Law No. 22-08, previous reference, p.09
46. Ahmed Haltali, previous reference, p. 352
47. Saleh Darraji, Muhammad Khalifa, previous reference, p. 379.
48. Asia Malaikia, previous reference, p.867
49. Jamal Qarnash, the previous reference, 917
50. Asia Malakia, previous reference, 867