المجالس الوطنية الاستشارية في الدستور الجزائري

Abstract

This study examines the constitutional and legal framework of the National Consultative Councils in Algeria, highlighting their evolution up to the 2020 constitutional amendment. This amendment "constitutionalized" them, elevating them to the status of constitutional institutions to establish the mechanisms of participatory democracy. The study addresses the organic and functional aspects of these councils, from their organization and membership conditions to their advisory prerogatives and relationship with public authorities. The study concluded that despite the advanced structural guarantees and independence established by the constitutional legislator, the practical effectiveness of these councils remains limited due to the "non-binding" nature of most of their opinions and the persistent dominance of the executive branch. The study recommends enhancing the financial independence of these bodies, expanding the scope of "mandatory consultation," and obliging authorities to justify their decisions if they disregard advisory opinions, ensuring a genuine contribution to the rationalization of public decisionmaking