مجلة الاجتهاد للدراسات القانونية والاقتصادية (Jun 2019)
)Regulations for the public freedoms in the Algerian legal system(
Abstract
The treatment and organization of public freedoms in any legal system is primarily concerned with administrative control at the State level, which aims to protect the public order with its various elements of public security, health and public tranquility, allowing individuals to exercise their rights and freedoms freely without restrictions or harassment from the State or individuals based on the principle of the embodiment of freedoms and practice without restrictions or limits except as provided by law. And the systems of handling and framing public freedoms can be distinguished between two basic types. The first relates to the system or method of pre-authorization under which freedom is exercised as soon as the competent authority is informed and authorized to do so without requiring its approval or refusal thereof, with conformity to the laws and regulations in force in this field, the second type concerns the system or method of pre-licensing which restricts the exercise of freedom to the prior consent of the competent authority. The activity involving freedom can only be exercised after granting the license or the link allowing it. And the Algerian legislator was not clear and decisive in the regard of the organization and framing of public freedoms through the adoption of one or two systems without the other, because it ostensibly adopts the system of constituent declaration and in practice we find it subjects freedom to the system or method of prior authorization, which is shown through some public freedoms, freedom of association, media freedom or freedom of the press
