Le règlement à l’amiable privilégié – Le Jeune Indépendant


Investment fraud and commercial disputes: privileged amicable regulations

The Minister of Justice, Lotfi Boudjemaâ.

The encouragement of investment and support for economic growth are at the heart of the priorities of Algeria which has chosen to favor the amicable settlement in the event of disputes, ensured, this Wednesday, the Minister of Justice, Keeper of the Seals, Lotfi Boudjemaâ, on the occasion of the 7es Africa-Europe meetings of bailiffs.

The preference for an amicable settlement is visible in the decisions of the State which adopted this approach through the new provisions contained in the Code of Criminal Procedure, which stipulate “to encourage investment projects and to support support for productive economic growth”, underlined the minister.

This approach advocated by Algeria includes new alternative provisions for criminal proceedings against legal persons, relating to the postponement of proceedings for certain offenses linked to their economic activity thanks to an amicable financial regulation, explained Lotfi Boudjemaâ. In general, the amicable approach consists in finding an agreement between parties in conflict without going through a trial, using amicable modes of settlement of disputes such as conciliation, mediation, or direct negotiations.

Thus, the new provisions guarantee legal persons a balance between the payment of their contributions and the pursuit of their economic and commercial activities, added the first head of the justice sector, by reminding the assistance that this approach was registered in the program of the President of the Republic, Abdelmadjid Tebboune. The settlement of amicable disputes can be initiated at any time, including during legal proceedings, and this is what is encouraged to favor peaceful and faster solutions.

In addition, the Minister of Justice also spoke on other themes on the agenda of the meeting held under the theme “the role of the bailiff in society”. An event which has experienced a large participation of international judicial organizations, as well as legal experts, academics and representatives of 33 countries, who have debated the evolution of the role of the bailiff in the light of digital and social transformations, as well as its role in mediation, protection of rights and the effectiveness of public service. Lotfi Boudjemaâ stressed that the bailiff is required to respect the obligations of the State stipulated in international treaties and agreements, in particular in matters of the fight against money laundering and the financing of terrorism. To this end, he reported that in parallel, and in order to protect public funds against any action likely to squander or divert them, the Minister himself is required to report any case from which he is seized and likely to affect public funds directly or indirectly.

Speaking in turn, the president of the national chamber of the bailiffs, Mohamed Reda Dahemri, highlighted the role of the bailiff in the strengthening of justice, the consecration of rights and the consolidation of the rule of law. The profession of bailiff in Algeria is one of the “fundamental pillars of justice”, he noted, highlighting “their efforts and their dedication in the accomplishment of their missions which strengthen justice and consolidate the rule of law”, before greeting the support and support of the supervisory ministry which, in turn, contributes to the development of the profession.

In addition, the president of the National Chamber of Bailiffs said that this meeting represents an opportunity to exchange ideas and expertise, but also to establish partnerships in the service of peoples and the strengthening of legal and economic security.

This is all the more so, he continued that the profession of bailiff “is no longer limited today to the meaning of court decisions, but also extends to mediation and conciliation between the parties” in conflict. Note that these 7es Africa-Europe meetings of the bailiffs were marked by the organization of workshops devoted to the modernization of the profession, mediation, conciliation, improvement of public service and training.





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