مجلة العلوم القانونية والاجتماعية

Legal Guarantees Established For Persons Subject To The Deprivation Of Their Algerian Nationality Of Origin Under Law No. 26-01

Auteurs : Elhocine Omar .

Résumé

Abstract : This article examines the legal safeguards afforded to persons subject to deprivation of their Algerian nationality of origin under Law No. 26-01, in light of the legislative developments that have taken place in Algeria in the field of nationality law. It seeks to assess the extent to which the legislature has struck a balance between the requirements of protecting national security and the vital interests of the State, on the one hand, and the need to safeguard the individual’s right to nationality and protect their legal status, on the other. The article also addresses the exceptional nature of deprivation of nationality of origin and the circumstances in which it may be imposed, given the serious consequences arising therefrom. Particular attention is devoted to the substantive and procedural safeguards afforded to the person concerned and to the extent to which they are sufficient to prevent the arbitrary exercise of this power. It further examines the legal safeguards relating to the lawfulness of the deprivation decision, the right of defence, notification, and the right to challenge and seek judicial review of the decision. The article also aims to assess the compatibility of these safeguards with constitutional principles and the relevant legal rules governing the protection of fundamental rights and freedoms. It concludes that the effectiveness of the deprivation of nationality regime remains contingent upon its being subject to genuine legal and judicial safeguards capable of ensuring proportionality between the measure imposed and the seriousness of the acts committed. Accordingly, achieving a proper balance between the protection of the State and the safeguarding of individual rights requires that deprivation of nationality of origin be subject to precise and effective safeguards designed to prevent any arbitrary interference with this right.

Mots clés

Keywords: Algerian nationality of origin; legal safeguards; national security; deprivation of nationality; Law No. 26-01.