Research studies

Constitutional Guarantees for Information and Communication Technology and the Adaptation of the Constitutional Court and the Judiciary to It

 

Prepared by the researche :Dr. Asma Bouraoui – Doctorate in Constitutional Law – Algeria

Democratic Arabic Center

Journal of Afro-Asian Studies : Twenty-First Issue – May 2024

A Periodical International Journal published by the “Democratic Arab Center” Germany – Berlin

Nationales ISSN-Zentrum für Deutschland
ISSN  2628-6475
Journal of Afro-Asian Studies

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Abstract

The paramount authorities in the nation are deeply committed to expediting digital transformation by widespread adoption of information and communication technologies across administrative and public service sectors, coupled with enhancing the management of the economic domain. This initiative aims to alleviate the barriers faced by citizens in accessing digital public services. The Constitutional Court and the Algerian judiciary system, paralleling all sectors of economic and social development, have embraced digitalization to eradicate the delays in justice delivery and to strive for the realization of prompt and efficient justice, serving the citizens in alignment with the twenty-fifth (25) commitment of President Abdelmadjid Tebboune. This discourse will explore the constitutional safeguards for information and communication technology and the adaptation mechanisms of the Constitutional Court and judiciary to these advancements.

Introduction:

The significance of digital transformation within state institutions has been underscored by the global technological evolution, compelling nations to prioritize the enhancement of their technological infrastructure. This transformation necessitates the adoption of administrative methodologies that are oriented towards citizen satisfaction, thereby steering towards the digitization of government operations, commonly referred to as digital transformation in the public sector.[1]

 In Algeria, the momentum for digital transformation has significantly increased with the introduction of several digital initiatives, such as the government services portal and the investor platform. These initiatives aim to bridge the gap between the administration and citizens, ensuring the provision of high-quality services. [2]

This initiative is a manifestation of President Abdelmadjid Tebboune’s twenty-fifth (25) commitment towards accelerating digital transformation through the widespread use of information and communication technologies, particularly in administrative and public services, and enhancing economic sector management.

The Algerian Constitutional Court stands as a constitutional entity endorsing this digital shift by modernizing its internal electronic operating system to transition into a digital Constitutional Court. The judiciary sector has also undergone modernization, witnessing the emergence of electronic litigation, particularly post the COVID-19 pandemic outbreak.

The Ministry of Justice and courts have introduced electronic systems designed to streamline various judicial processes and enable remote transactions. The essence of electronic litigation is captured in the ease of remote case file access, the facility for remote memo exchanges, and the capability to submit applications without unnecessary delays. This approach not only eliminates repetitive tasks, such as visiting multiple locations for lawsuit filing and registration and paying fees via electronic payment modes but also simplifies procedural notifications.

 It enhances mobility, conserves time, and obviates the need for physical court visits to check decisions or verdicts, as well as the necessity for travel to attend court sessions. The possibility of instantly transmitting case files from first-instance courts to appellate courts and the straightforward remote access to case files are additional benefits. Furthermore, this system introduces several positive outcomes, including reducing court congestion, safeguarding witnesses, experts, and crime victims, and expediting the litigation process, thereby saving time, effort, and costs while eliminating reliance on paper-based systems.

Problem Statement:

What are the constitutional guarantees regarding information and communication technology, and how have the Constitutional Court and the justice sector adapted to this digital transformation?

We will attempt to answer this through the following plan:

  • First Axis: The constitutional guarantees for information and communication technology and the adaptation of the Constitutional Court to it.
  • Second Axis: The experience of the justice sector regarding electronic litigation.

First Axis: The Constitutional Guarantees for Information and Communication Technology and the Adaptation of the Constitutional Court to It

The constitutional amendment of 2020, approved by the Algerian people through a referendum, fulfilled the promise made by the President of the Republic to his people when he pledged and committed to achieving 54 pledges, with the constitutional amendment being the foremost.

The constitutional amendment enshrined information and communication technology across several of its articles, including:[3]

  • The guarantee of electronic press freedom.
  • The right to establish websites and electronic newspapers.
  • The activity of websites and electronic newspapers can only be suspended by a judicial decision (Article 54 of the Constitution).
  • Every citizen’s right to access information, documents, statistics, and to obtain and exchange them (Article 55 of the Constitution).
  • The protection of individuals in the processing of personal data as a fundamental right, with the law penalizing any violation of these rights.

These provisions fulfill the commitments of the President of the Republic, including: establishing democracy, protecting the rights and freedoms of citizens, in addition to his commitment to a comprehensive reform of the state in all its branches and institutions of the republic, allowing the constitution to enshrine a rule of law state in service of the citizen and a modern, efficient, and legitimate state through its performance.

The Constitutional Court, established in the 2020 constitutional amendment, replacing the Constitutional Council, is considered the most significant constitutional guarantee for protecting the rights and freedoms stipulated in the constitution to enshrine the rule of law, as well as playing a role in serving citizens through information technologies. Undoubtedly, it is committed to keeping pace with the modernization of the Algerian state, akin to other state institutions.

It works on developing and updating its internal electronic work system to achieve a digital Constitutional Court.

For example:

The Constitutional Court promotes constitutional culture through:

  • Its website, which serves as a means of communication and interaction, where it publishes its activities, national and international events related to its missions. For instance, regarding external activities, when participating in events and activities organized by international and regional bodies and organizations, either in person or via video conferencing technology. Publishing constitutional jurisprudence and the Constitutional Court’s journal, decisions, and opinions issued in the performance of its duties, and issuing statements related to its activities and competencies. It also has official pages on social media platforms.[4]

Within the internal organization of the Constitutional Court’s structures and apparatuses:

  • There is a Directorate for Information Systems and Communication Technologies[5], among its competencies are:
  • Modernizing and digitizing the Constitutional Court’s management system.
  • Ensuring electronic vigilance.
  • Developing networks, applications, and information systems.
  • Managing and developing communication technologies in the Constitutional Court.
  • Maintaining computer systems and communication devices.[6]

It’s worth mentioning that the Constitutional Court’s IT specialists have developed a special application for elections, which was used in the latest legislative elections in 2021 and the mid-term elections for the members of the Council of the Nation in 2022.

 Among the benefits of the application are:

  • Maintaining the confidentiality of information and databases, which are preserved within our entity.
  • Eliminating manual errors, if any.
  • Speed and accuracy in obtaining results.
  • Ensuring transparency in the results.

Regarding the plea of unconstitutionality, notifications, observations, and documents are communicated through all means of communication. Notification via email is considered a valid notification. Sessions of the plea of unconstitutionality may have media coverage. [7]

In the field of legal consultation through referendum, the challenge is communicated by all legal means to the provincial electoral committee or to the electoral committee for residents abroad whose results are contested, to submit written memoranda.[8]

Article 2 of the decision dated April 11, 2022, defining the internal organization of the Constitutional Court’s structures and devices, Official Gazette, Issue No. 25, dated April 12, 2022. 

Second Axis: The Experience of the Justice Sector Regarding Electronic Litigation

First: Definition of Electronic Litigation

Electronic litigation specifically refers to the use of information and communication technologies to facilitate access to justice and communication among various actors in the field of law and judiciary (lawyers, judges, clerks, litigants), enhancing the efficiency of the judicial system, reducing costs, shortening the duration of legal disputes, simplifying legal procedures, increasing court productivity, and reducing opportunities for corruption and bribery.

The virtual court holding its sessions via video brings justice closer to citizens, especially those living in remote areas, and overcomes difficulties related to territorial jurisdiction.

 In the realm of digital justice, litigants are exempted from traveling to courts, and this system also reduces the phenomenon of overcrowding.[9]

 It is also defined as the process of electronically transferring litigation documents to the court via email, where these documents are examined by the competent official, who decides on their acceptance or rejection and sends a notification to the litigant informing them of the status of these documents.

According to this definition, a litigant or lawyer wishing to file a lawsuit electronically will send the lawsuit document via email through a website dedicated to this purpose, available twenty-four hours a day, seven days a week.

 These documents are received by the company managing this website, then sent to the competent court, where the competent clerk examines the documents, decides on their acceptance or rejection, and sends an email to the litigant informing them of the receipt of their documents and the decision made regarding them.

Digital judicial systems also allow for the electronic filing of documents and petitions without the need for parties to travel, and lawsuit expenses can be paid using electronic payment methods, with the system potentially linked to other ministerial systems.[10]

Second: Technical Procedures for Filing a Lawsuit Electronically

Delving into the steps of electronic litigation necessitates clarifying the nature of the standard and the system for sending and accepting electronic litigation documents. It also requires identifying the devices a litigant needs to file a lawsuit electronically and outlining the necessary steps to undertake for electronic filing.

A- Standard Used in Sending Electronic Litigation Documents

Filing a lawsuit electronically is facilitated through the internet using a system for sending and accepting electronic documents. This system is a specialized electronic system that opens communication channels between litigants and the court through an electronic window. Here, case documents are accepted electronically, judicial fees are paid, and acceptance is processed by the court clerk via the electronic window.

 The electronic window on the court’s website essentially performs the same functions as in the traditional litigation system, with the difference that information stored on paper is now stored on electronic media, and electronic authentication systems replace traditional methods for document verification.

 In electronic litigation, data exchange is conducted electronically using XML in legal specifications to establish an e-filing system, thus standardizing case management systems across different courts.[11]

 

B- Devices Needed by the Litigant for Electronic Filing

For a litigant to file a lawsuit electronically, it is essential that they have a computer connected to the internet. This computer must be equipped with a web browser, such as Netscape or Explorer, and software for reading documents like Adobe Reader. Additionally, software for viewing scanned images, such as a TIF reader, is necessary, along with a scanning device (scanner).

C- Steps Required for Electronic Filing

Addressing the steps of electronic litigation requires an elucidation of the standards and system for sending and accepting electronic litigation documents. It also necessitates identifying the devices needed by litigants to file a lawsuit electronically and delineating the requisite steps for electronic submission.

For litigants to proceed with filing a lawsuit electronically, it is imperative to have access to a computer connected to the internet. This computer should be equipped with a web browser, such as Netscape or Explorer, and document reading software like Adobe Reader. Additionally, software for viewing scanned images, like a TIF viewer, and a scanning device (scanner) are required.

Utilizing web pages enables litigants and lawyers to access all necessary lawsuit formats by filling out the information on the web page and then attaching additional files that need to be included with the lawsuit document. These documents and attachments are placed in an electronic data registry specifically designed for the electronic litigation system, which can be modified to meet court requirements.

With just a click of the mouse, the lawsuit document is directly sent to the court’s registry through a secured and encrypted channel. Once the lawsuit is accepted, it is electronically documented and then forwarded to the designated official for automated processing.

The expenses associated with the lawsuit are predetermined through a pre-programmed system within the system and are paid directly to the court upon document submission. Litigation fees are paid using one of the electronic payment methods or via bank credit cards.

Upon the lawsuit document and accompanying documents reaching the competent court, the designated official reviews the document and decides whether to accept or reject it. In both cases, an email is sent to the litigant or lawyer informing them of the acceptance. In case of rejection, the official specifies the reason and the correct procedure to follow for document resubmission. Reasons for rejection could include non-payment or partial payment of judicial fees, lack of a lawyer’s electronic signature on the document, or the document containing information contrary to public order and morals.

Once litigation documents are sent electronically, they are transferred to both the court’s server and the server of the company managing the document transfer process. The court’s registry office endorses these documents on the same day and time they enter the court’s information system, from which legal deadlines are calculated.[12]

This process also requires technical means of encryption aimed at protecting the confidentiality of information and data by using specific codes known as keys. Data encryption aims to ensure its integrity, secure its privacy, and restrict its use to the intended recipient. Additionally, the use of passwords and information security systems is essential to protect litigants’ data, rights, and secrets.

Digital justice is characterized by what is known as an electronic archive, facilitating the replication process in various forms, quickly and at lower costs. It can be transferred automatically from one location to another thanks to the internet. Court file storage becomes a national electronic information bank, preserving the archive in the long term, occupying minimal physical space, and serving as an alternative to large storage facilities that require human resources and additional investments.[13]

Thirdly: Implementing Electronic Litigation in the Algerian Judicial System

Algeria adopted the e-government project and the reform and modernization of justice under Law No. 15-03, dated 11 Rabie Al-Thani 1436 corresponding to February 1, 2015. This law pertains to the modernization of justice and established the use of video conferencing technology in judicial procedures generally, without detailing the practical application methods.

Subsequently, President Abdelmadjid Tebboune was elected in 2019, one of his commitments being a comprehensive reform of the judiciary to ensure its independence and modernization through the digitization of electronic justice. This reform aimed at revising the operational and management methods of judicial bodies and ensuring fair treatment for all in justice.

This commitment was enshrined in Article 165 of the 2020 constitutional amendment, stating “The judiciary is accessible to all…” and Article 177 of the Constitution, stating “Every litigant has the right to claim their rights before the judicial authorities…”.

Hence, recourse to justice is a constitutionally recognized right for every natural or legal person without discrimination based on gender, religion, or ethnicity. Equality means all citizens of the state exercise the right to litigation equally and under unified litigation procedures for everyone, in addition to the uniformity of the applicable law and equal treatment for all as stipulated by Article 165 of the Constitution, which is based on the principles of legality and equality.

It is noteworthy that during and after the COVID-19 crisis, Algeria preserved these constitutional principles through the modernization of the justice sector. Significant strides were made in utilizing information and communication technologies and transitioning towards the digital world. Numerous projects were implemented to achieve a modern judiciary that meets international standards, especially in facilitating access to justice for all segments of society.

Decree No. 20-04, dated 11 Muharram 1442 corresponding to August 30, 2020, amending and supplementing Decree No. 66-155 dated 18 Safar 1386 corresponding to June 8, 1966, which includes the Code of Criminal Procedure, was issued. [14]

This decree devoted a new section titled “The Use of Audio and Visual Communication Means During Procedures,” divided into three chapters: General Provisions, The Use of Video Conferencing in the Judicial Investigation Phase, and The Use of Video Conferencing in the Trial Phase, thereby detailing the conditions and regulations for conducting trials remotely with precision.

This order allows judicial bodies, whether investigating or ruling authorities, to use this technology, which involves direct linking between the judicial authority and the penal institution where the accused is detained. This process is facilitated through advanced devices, including digital cameras transmitting high-quality images via a sophisticated and secure information network owned by the Ministry of Justice, with conversations recorded on an electronic medium to be later included in the judicial file.

To this end, courtrooms are equipped with high-definition televisions and cameras, similar to the equipment provided in special rooms within penal institutions. Communication and responses are conducted over the internet, with a qualified technical team recording all statements on an electronic medium to ensure their security and confidentiality.

  1. The Use of Video Conferencing in the Judicial Investigation Phase:

This is covered from Article 441 bis 2 to Article 441 bis 6 of Decree No. 20/04 mentioned above. Investigative authorities can use video conferencing for interrogating or hearing a person, conducting confrontations between individuals, and for notifications requiring the drafting of reports as stipulated by the Code of Criminal Procedure.

 Investigative authorities include the investigating judge, the indictment chamber, and the sentencing authority when applying the provisions of Article 356 of this law (related to conducting a supplementary investigation).

If the person to be heard, interrogated, notified, or confronted is residing within the jurisdiction of another court, the competent investigative authority requests the public prosecutor of the court nearest to the person’s residence to summon them for the procedure on the specified date.

If the person is detained or accused and cannot be extracted or transferred for the sake of justice, security, public health, during natural disasters, or to respect the principle of reasonable delays, the investigative authority, after notifying the director of the penal institution, may hear them using video conferencing in the presence of the institution’s clerk of court.

The defense is entitled to be present with their client at the place of hearing and/or before the competent investigative authority. The penal institution’s clerk of court prepares a report on the use of this technology, signs it, and then sends it to the competent judicial authority to be attached to the procedure file. The person heard remotely signs a copy of the report sent to them by any means of communication, immediately after it is signed by the judge and the clerk of court at the competent judicial authority. If they refuse to sign or are unable to, this is noted on the report copy.

The mentioned copy is returned, using the same means of transmission, to the competent judicial authority to be attached to the procedure file, in accordance with Article 108. If the investigating judge orders the temporary detention of the accused heard via video conferencing technology, they notify them of this order verbally, informing them of their rights as stipulated in Article 123 bis of this law, and note this in the hearing report. A copy of this detention order is sent for execution via one of the means of communication, as appropriate, to the public prosecutor or the director of the penal institution.

  1. Utilizing Video Conferencing in the Trial Phase:

Article 441 bis 7 to 441 bis 10 of Order No. 20/04 aforementioned enables judicial authorities to independently resort to video conferencing or upon request by the public prosecution, any of the parties, or their legal representatives, for interrogations, hearings, or to conduct confrontations between individuals.

When the judicial authority decides on its own to use video conferencing, it consults the public prosecution and notifies the other parties involved. Should there be an objection from the public prosecution or if any of the parties or their defense or the detained accused or their defense present arguments justifying their refusal to comply with this procedure, and the judicial authority deems these objections or arguments insubstantial, it issues an irrevocable decision to continue the trial using this procedure.

The defense is entitled to be present with their client at the location of the hearing and/or before the competent judicial authority.

The registrar of the penal institution drafts a report on the procedure’s execution, which is signed and then sent by the head of the penal institution to the competent judicial authority to be annexed to the case file.

If one of the parties or their defense requests the judicial authority to use video conferencing, the authority decides on the request after consulting the other parties, their defense, and the public prosecution. However, it may revise its decision if new circumstances arise after the request was made.

Should the trial proceed with video conferencing and the non-detained accused refuses to respond or decides not to attend, the judgment is considered in absentia. Video conferencing can also be used when pronouncing judgments, making the judgment in these cases considered as in presence.

It is noteworthy that the number of detainees tried via video conferencing technology in the Algiers High Court and its subordinate courts during the year 2020 reached 7273, while for the Tipaza High Court and its subordinate courts from January 2 to December 28, 2020, the number was 2968 detained accused.[15]

These figures and data reflect the objectives outlined by the Ministry of Justice in its roadmap, aiming to expand remote electronic services and provide immediate information to citizens, eliminating centralized filing procedures for various types of files. This includes developing and enhancing a specialized internal communication network for the justice sector, connecting the central administration with all judicial authorities and penal institutions, as well as supervised bodies, via optical fibers.

This infrastructure is essential for utilizing various information systems. In this context, numerous projects have been realized to achieve modern justice by international standards, which include:

A- Realizing Digital Justice:

  • Adoption of electronic authentication and signature technologies in the judicial field, in accordance with Law No. 15-03, dated February 1, 2015, concerning the modernization of justice. This was achieved through the creation of an Electronic Signature Personalization Center and the establishment of an Electronic Certification Authority, enabling all participants in the sector to authenticate administrative documents and judicial writings with a reliable electronic signature, with the aim of providing remote judicial services.
  • Enabling citizens to obtain electronically signed Extract No. 03 of the criminal record and the nationality certificate via the internet and through diplomatic and consular representations abroad. This service commenced on Monday, February 15, 2021, and is exempt from any judicial fees, pursuant to the provisions of the 2020 Finance Law.
  • Allowing lawyers to download the standard version of judgments and judicial decisions signed electronically via the internet.
  • Providing a service for the retrieval of the standard version of decisions issued by the Supreme Court and the State Council, electronically signed and available from the judicial councils, eliminating the need for physical travel to the issuing judicial entity.
  • Offering an electronic rectification service for errors in civil status records, enabling citizens to submit correction requests and accompanying documents via the internet or at the nearest court or municipality, as well as at diplomatic missions or consulates abroad.
  • Continuing the digitization of the judicial file in all its stages, including the electronic exchange of petitions outside of court sessions.
  • Providing the ability to track the progress of cases and access judgment texts via the Ministry of Justice’s electronic portal.
  • Opening electronic addresses to allow citizens to benefit from remote judicial services, and offering a verification service for the authenticity of judicial documents, electronically signed and retrieved via the internet.
  • Establishing a call center with a dedicated number for the justice sector to address citizens’ and litigants’ concerns and answer their inquiries related to judicial and legal fields, accessible through the toll-free number (10-78).
  • Enabling various administrations and public bodies to access and retrieve the criminal record (Card No. 2), electronically signed.
  • Improving revenue collection methods by adopting a mechanism for the collection of fines and judicial expenses by judicial entities, based on an integrated automated system and a national database, along with incentives for executing judicial decisions, allowing beneficiaries to opt for installment payments and receive a discount on amounts due for voluntary payment.
  • Creating a platform for remote training.
  • Launching the “e-nyaba” electronic prosecution platform, enabling individuals or legal entities (administrations, institutions, private companies, associations, etc.) to submit complaints or petitions to the prosecution remotely.[16]
  • This platform also allows citizens to submit other requests not directly related to known criminal complaints but rather intervention requests, inquiries about judgments, requests for information, etc. Here, the prosecution informs citizens about these services and tracks the progress of their petitions.
  • Tracking the progress of complaints and petitions through the electronic prosecution platform means saving time, effort, and money.

The new digital platform has seen significant interaction from citizens, with the number of complaints sent through the electronic prosecution at the Tipaza High Court and its subordinate courts reaching 56 by the end of 2020, and the Algiers High Court receiving more than 230 complaints, nearly 310 complaints in total across its courts. These complaints were addressed promptly.[17]

B – Adopting a Centralized Information System for Automated Data Processing Related to Judicial Activity:

  • The creation of a unified and secure information system specific to the sector to ensure the coherence and compatibility of data for easier utilization and to avoid data duplication.
  • The adoption of video conferencing technology for organizing remote trials, both nationally and internationally, has significantly facilitated judicial procedures and accelerated the pace of case resolutions. This is done through remote hearings of witnesses, parties, and experts, and avoiding the transfer of detainees.
  • Using the same mechanism to organize work sessions, lectures, and training courses 

C – Developing Judicial Administration Management Methods:

  • Adopting an electronic management system for administrative and judicial documents and civil status registers held at the judicial councils, aiming for optimal utilization of the sector’s archives and contributing to the realization of electronic administration.
  • Sending documents and exchanging information using the sector’s internal email.
  • Implementing a mechanism for sending expert reports signed electronically and exchanging documents electronically among judicial authorities and the scientific services of the judicial police.
  • Adopting a mechanism for electronic document and judicial procedure transmission, enabling judicial authorities to send summons electronically instead of traditional legal methods, informing the litigant of their case outcome, and various information concerning them via simple text messages.

D – Strengthening Individual Rights and Freedoms:

Establishing a central service for genetic fingerprints, managed by a judge and supported by a technical cell, overseeing the creation and management of the national database for genetic fingerprints, according to Law No. 16-03, dated June 19, 2016, related to the use of genetic fingerprinting in judicial procedures and identification of persons, ensuring legal protection for the stored genetic data.

Introducing a biometric information system based on the exploitation of biometric fingerprint characteristics and a national biometric database covering all individuals judicially pursued and inmates of penal institutions, contributing to identity recognition in record time and enhancing the flexibility and speed of judicial procedures, as well as facilitating the management of penal institutions and preventing identity theft.

Establishing an automated system aimed at combating child abduction, allowing for the announcement of a child abduction alert through various media outlets, for widespread dissemination of information instantly and remotely, and assisting in search and investigation procedures by all segments of society.[18]

Conclusion:

Algeria is engaged in the international effort to simplify and facilitate administrative procedures as part of the fight against bureaucratic practices that have burdened citizens and to achieve comprehensive digitization. The Algerian Constitutional Court is among the constitutional institutions accompanying this digital transformation by updating its internal electronic work system to achieve a digital Constitutional Court. As for the justice sector, it is on the path to gradually phasing out paper-based processes and relies on a progressive approach that ensures results comparable to those achieved by developed countries in the field.

List of sources and references:

  1. Legal and Regulatory Texts:
  2. Constitutions:
  • The 2020 Constitutional Amendment, Official Gazette, Issue No. 82, dated 15 Jumada Al-Awwal 1442, corresponding to December 30, 2020.
  1. Orders:
  • Order No. 20-04 dated 11 Muharram 1442 corresponding to August 30, 2020, amends and supplements Order No. 66-155 dated 18 Safar 1386 corresponding to June 8, 1966, which includes the Code of Criminal Procedure, Official Gazette, Issue No. 51, dated August 31, 2020.

 

  1. Internal Systems, Internal Organization, and Work Rules:
  • The Internal Regulations of the Constitutional Court, Official Gazette, Issue No. 75, dated 18 Rabi’ Al-Thani 1444, corresponding to November 13, 2022.
  • The Internal Organization of the Structures of the Constitutional Court and Its Devices, Official Gazette, Issue No. 25, dated 11 Ramadan 1443, corresponding to April 12, 2022.
  • The System defining the Rules of the Constitutional Court, Official Gazette, Issue No. 04, dated 29 Jumada Al-Thani 1444, corresponding to January 22, 2023.
  1. Books:
  • Khaled Mamdouh Ibrahim, Electronic Litigation (Electronic Lawsuit and Its Procedures Before Courts), First Edition, Dar Al-Fikr Al-Jamie, Alexandria, 2008.
  1. Websites:
  • Government Digitization, Etunum, accessed on: November 19, 2023.
  • .. The Year of Accelerating Digitization in Algeria, Echorouk Online, accessed on: November 19, 2023.
  • Digital Justice from Theory to Application, juris.ma, date: March 11, 2021, time: 9:30.
  • How to File an Electronic Lawsuit Electronic Lawsuit Form 2020.. com, date: March 10, 2021, time: 14:00.
  • kapitalis.com, accessed on: March 10, 2021, time: 14:30.
  • Remote Trial… The Balance of Justice in the Time of the COVID-19 Pandemic, Official Facebook Page of the Ministry of Justice, date: March 14, 2021, time: 14:40.
  • mjustice.dz

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[1] Government Digitization, Etunum, accessed on November 19, 2023.

[2] “2022… The Year of Accelerating Digitization in Algeria,” Echorouk Online, accessed on November 19, 2023.

[3] The 2020 Constitutional Amendment, Official Gazette, Issue No. 82, dated December 30, 2020.

[4] See Articles 37 to 40 of the Internal Regulations of the Constitutional Court, Official Gazette, Issue No. 75, dated November 13, 2022.

[5] Article 2 of the decision dated April 11, 2022, defining the internal organization of the Constitutional Court’s structures and devices, Official Gazette, Issue No. 25, dated April 12, 2022.

[6] Article 10 of the decision defining the internal organization of the Constitutional Court’s structures and devices, same reference.

[7] Articles 20 and 34 of the Regulations defining the rules of the Constitutional Court, Official Gazette, Issue No. 04, dated January 22, 2023

[8] Article 85 of the Regulations defining the operational rules of the Constitutional Court, same reference.

[9] “Digital Justice from Theory to Application,” juris.ma, date: March 11, 2021, time: 9:30.

[10] Khaled Mamdouh Ibrahim, Electronic Litigation (Electronic Lawsuit and Its Procedures Before Courts), First Edition, Dar Al-Fikr Al-Jamie, Alexandria, 2008, pp. 16, 20.

[11] Khaled Mamdouh Ibrahim, same reference, p. 31.

[12] “How to File an Electronic Lawsuit Electronic Lawsuit Form 2020,” mhtwyat.com, date: March 10, 2021, time: 14:00.

[13] www.kapitalis.com, accessed on: March 10, 2021, time: 14:30.

[14] Order No. 20-04 dated August 30, 2020, amends and supplements Order No. 66-155 dated June 8, 1966, which includes the Code of Criminal Procedure, Official Gazette, Issue No. 51, dated August 31, 2020.

[15] “Remote Trial… The Balance of Justice in the Time of the COVID-19 Pandemic,” Official Ministry of Justice Facebook page, date: March 14, 2021, time: 14:40.

[16] www.mjustice.dz

[17] “Remote Trial… The Balance of Justice in the Time of the COVID-19 Pandemic,” previous site.

[18] www.mjustice.dz

 

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