Algeria's Specialized Commercial Courts Face Performance Challenges

The Algerian Ministry of Justice, led by Minister Lotfi Boudjemaâ, recently organized a study day to discuss the challenges facing the country's specialized commercial courts. The event, held at the Higher School of Magistrature in Koléa, aimed to address the difficulties that have arisen during the first three years of operation of these courts. The study day brought together 200 participants, including judges, researchers, and practitioners, to share experiences and find solutions to the challenges faced by the commercial justice system.

The specialized commercial courts were established to handle commercial disputes more efficiently. Since their creation, 25 courts have been set up across the country, with 13 new ones added in September. However, the extension of the network has raised questions about the harmonization of their functioning and the application of procedures. The study day aimed to address these concerns and find ways to improve the performance of the courts. The event also discussed the importance of unifying judicial interpretations and applications to ensure consistency in the handling of commercial disputes.

One of the key issues discussed during the study day was the complementarity between the commercial sections of ordinary courts and the specialized commercial courts. The participants analyzed the distribution of competencies in resolving commercial disputes and the importance of clarifying the roles of each jurisdiction. This clarification is crucial to ensure a smooth and efficient handling of commercial disputes. The study day also examined the particularities of judicial procedures before specialized commercial courts, including the requirements of conciliation and dispute resolution.

The study day also focused on specialized commercial disputes, including those related to commercial companies, banking, and international trade. These areas require a deep understanding of commercial mechanisms, contractual relationships, and financial operations. The specialized courts have the expertise to handle these complex cases, which often involve high-stakes economic issues. The participants emphasized the importance of adapting the judicial treatment to the nature of the disputes and the requirements of economic activities.

The composition of the specialized commercial courts, which includes a judge and four assessors with expertise in commercial matters, reflects the government's commitment to integrating specialized knowledge into the examination of cases. The courts also have jurisdiction over procedures for judicial settlement and bankruptcy, maritime disputes, air transport, commercial insurance, and intellectual property. The study day highlighted the importance of associating economic actors with reflections on the functioning of these courts.

The event was attended by representatives from various economic organizations, including the Algerian Renewal Economic Council, the National Union of Public Entrepreneurs, the Algerian Chamber of Commerce and Industry, and the National Institute of Industrial Property. Their participation underscored the importance of collaboration between the judiciary and the economic community in ensuring the effective functioning of the specialized commercial courts. The study day provided a platform for stakeholders to share experiences and find solutions to the challenges facing the commercial justice system.

The Algerian government plans to continue expanding the network of specialized commercial courts, with a target of 25 courts across the country. The ministry of justice aims to harmonize the functioning of these courts and consolidate their practices to strengthen legal security for economic operators and improve the business climate. The study day marked an important step towards achieving these goals and ensuring that the specialized commercial courts can handle commercial disputes efficiently and effectively.

Key points

• The Algerian Ministry of Justice is working to address the challenges facing the country's specialized commercial courts, which were established to handle commercial disputes more efficiently.