آليات الرقابة على عمليات البناء في التشريع الجزائري
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In spite of the urban planning disorder which is considered as a global problem, many countries seek to adopt strict and deterrent laws to create modern cities, in line with international and permanent standards; The king of things that Algerian cities suffer from, what prompted the legislator to take up the challenge by creation of a legislative system and promulgation of laws continuously to reduce such a phenomenon. Maybe the most important legal texts, in relation with land use and urban planning, the law 90/29, amended and completed by Law No. 04/05, which determine the law of mechanisms made available for the administration to ensure the achievement of effective results to end, even in a proportional way, the elements and urban irregularities that damage, intentionally or unintentionally, the image of the urban city. These legal mechanisms made available can be summarized into two categories: The first one consists in an anterior administrative check, imposing administrative authorizations and legal means for managing the field of urban planning, and consisting in the urban planning and development orientation plans or land’s occupation plans. The second one consists in a posterior check through certificates, including the certificate of conformity established under law no.08/15, as well as by properly qualified officers for continuous onsite inspection of these works, to assess the situation of urban irregularities, if there are and to prevent them with appropriate measures. Among the most important points provided by the law number 08/15, we can mention the legislator's attempt to regularize these constructions, by making them conform to the laws of urbanization and urban planning. On the other hand, there is a judicial review in the event of failure of the first one (administration), or in the event of an irregularity or abuse resulting in cancellation, compensation or penalty resulting from acts opposing to the laws of development and urban planning. Despite the existence of these mechanisms of law and deterrence, urban irregularities are persistent and continue to increase. They all helped to give a bad image of the Algerian town. This can only find one explanation; the ineffectiveness of these on-site checks because of an obvious breach and deliberate lack of rigor, to strike with an iron fist anyone bypassing the laws of urban planning, as well as restrictions imposed by these laws on the powers of civil society to intervene and impose a parallel check to save the aesthetics of the town, urban planning and environment, given that urban planning is linked to man and environment.
- Magistère droit publique