The Legal System of Equal-Member Administrative Committees in Algeria: A Study in the Light of the Provisions of Executive Decree No. 20-199 Issued on July 25, 2020
Dr. Ahsan Gharbi
Associate Professor (Lecturer “A”), Public Law – Faculty of Law and Political Sciences – University of 20 August 1955 – Skikda – Algeria
This research examines the entirety of the rules related to equal-member administrative committees in Algerian law, which are established as participating bodies alongside the administration, entrusted with running the employees’ professional life, and thus it is considered an important guarantee to defend the rights of employees against the arbitrariness of the administration represented by the authority that has the appointment power. The aim of its introduction is its contribution to achieving the objectives of the public utility and preserving its principles.
This study examines the legal system of equal-membership administrative committees in terms of membership and from the functional point of view. It also deals with the issue of the legal value of the opinions of equal-membership committees. This study is limited to Algerian law, as it deals with the issue of equal-membership administrative committees in light of the provisions of the general basic law for public office and the provisions of the Executive Decree No. 20-199, related to equal administrative committees’ members in public institutions and administrations. The study also relied on the descriptive and analytical approach through analyzing many legislative and regulatory texts related to the research topic.
Therefore, this study deals with the formation and organization of equal-member administrative committees, and this is through the first topic related to the organic aspect of equal member administrative committees. The study also deals with the rules for the functioning of the committees and their powers, and this is done through the second topic related to the functional aspect of equal member administrative committees. The research concluded with a set of results and recommendations, represented in the legislator’s adoption of combining the method of election and appointment in forming committees with the awarding of committee chairpersons to the administrative head or his representative, and this affects the independence of the committees in the performance of their tasks, especially since the president’s vote is a casting vote when opposing votes are equal. Votes, and therefore these committees are considered a guarantee of lacking effectiveness, which must distinguish between their convening as disciplinary councils, and their convening in the rest of the cases, as the presidency must be assigned, when convened as a disciplinary council, to a member representing employees while the presidency in the rest of the cases is assigned to the representative of the administration, in addition to granting the disciplinary council the power to issue final decisions regarding third or fourth degree penalties, and expressing an advisory opinion regarding the remaining disciplinary sanctions.
Keywords: disciplinary board, equal-member committees, management, binding opinion, advisory powers, executive decree 20-199.