National Anti-Corruption Strategy from the Perspective of Algerian and Tunisian Law

Authors

Keywords:

Anti-corruption, transparency, High Authority for Transparency, Prevention and Combating Corruption, National Anti-Corruption Authority.

Abstract

Administrative and financial corruption represents one of the most dangerous phenomena that threaten the security of both developed and developing nations, undermining their stability due to its negative repercussions on various forms of development—economic, social, and political. It is also considered a significant obstacle to public administrative reform, as its prevalence or decline in a country is linked to levels of democracy and civic participation on one hand, and to the social status of public officials and the weaknesses of the legal framework designed to combat it on the other. To counteract and limit the growth of corruption, countries have attempted to construct specialized plans and strategies, as well as laws that deter individuals from gaining undue privileges or violating established regulations. In accordance with the United Nations Convention Against Corruption, which set rigorous and enforceable foundations for countries by implementing preventive and punitive policies, both Algeria and Tunisia ,Given their struggles with this scourge, which has devastated their national economies, eroded trust between citizens and public administration, and created an ambiguous climate deterring investment due to a lack of transparency and clear frameworks, governments have attempted to stem the spread of administrative and financial corruption. Algeria, in this context, implemented the National Strategy for Combating Corruption in accordance with the 2020 constitutional amendment. Article 204 of this amendment established the "High Authority for Transparency, Prevention, and Combating Corruption," as introduced by Law No. 22-08. This authority was classed under the chapter dedicated to oversight organizations or institutions. Tunisia, like Algeria, implemented the National Strategy for Good Governance and Combating Corruption (2016-2020) by establishing the National Authority for Combating Corruption. This authority's primary goal is to demonstrate the political will to effect meaningful change in the areas of good governance and anti-corruption activities.

Author Biographies

  • Afef Melody, جامعة صفاقس- تونس

    ط.د/ بقسم الحقوق، كلية الحقوق والعلوم السياسية بجامعة صفاقس- تونس

  • مراد دلندة, جامعة باتنة 1- الجزائر

    أستاذ محاضر قسم"ب" بكلية الحقوق والعلوم السياسية بجامعة باتنة 1- الجزائر.

References

Books

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2. Al-Sanousi, R., & Al-Douibi, A. B. (2006). Corruption Between Transparency and Accountability. 1st ed., Benghazi: National Book House.

3. Al-Sanousi, R., & Al-Douibi, A. B. (2006). Corruption Between Transparency and Accountability. Benghazi: National Book House.

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6. Al-Kubaisi, A. (2005). Corruption and Globalization: Coincidence or Harmony. Riyadh: Modern University Office.

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10. Swalhia, I. (2020). Independent Administrative Authorities in Arab Systems. London: Dar Kutub Publishing.

Articles and Research Papers

1. Bouraoui, A., & Drajji, S. (2023). Addressing corruption in Algeria: The new national strategy (High Authority as a model). Tabnah Journal of Academic Scientific Studies, 6(1).

2. Bin Malik, A., & Oqbawi, M. A. (2022). The legal framework of the High Authority as a control mechanism. Academic Journal of Legal and Political Research, 6(2).

3. Boukhalfa, F. (2022). The High Authority: Between legal requirements and real-world challenges. Tabnah Journal of Academic Scientific Studies, 5(2).

4. Heltali, A. (2023). Law 22-08 establishing the High Authority: Change and relevance. Journal of Legal Studies and Research, 8(1).

5. Ben Azzouz, M. (2016). Administrative and economic corruption: Effects and mechanisms – Algeria case. Algerian Journal of Globalization and Economic Policies, (7).

6. Bouzeira, S. (2023). Observations on the High Authority under Law 22/08. Journal of Rights and Freedoms, 11(1).

7. Taleb, A. K., & Haj Moussa, M. (2022). Combating administrative and financial corruption through the High Authority. Journal of Economic Analysis and Supervision, 3(2).

8. Qarawi, A. (2020). The Independent Election Authority and the High Authority for Transparency. Constitutional Council Journal, Special Issue (14).

9. Mustafawi, K., & Maazouz, A. (2021). Role of the High Authority in the 2020 constitutional amendment: New approach or continuity? Journal of the Legal Analyst, 3(2).

10. Rais, M., Mchri, F., & Nasib, A. (2013). Banking governance as a mechanism to combat administrative corruption – Algeria case. Journal of Banking Economies and Business Administration, 2(2).

11. Ben Bouabdallah, W., & Malah, M. (2022). The High Authority: Reading in Law 22-08. Journal of Legal and Political Thought, 6(2).

Legislation

1. Law No. 16-01 of March 6, 2016, on the Constitutional Amendment. Official Gazette of the Republic of Algeria, No. 14 (March 7, 2016).

2. Constitution of the People’s Democratic Republic of Algeria (2020). Official Gazette, No. 82 (December 30, 2020).

3. Organic Law No. 10 of 2017 (March 7, 2017) on reporting corruption and protection of whistleblowers.

4. Presidential Decree No. 06-314 on the composition, organization, and functioning of the body, as amended by Decree No. 12-64.

5. Law No. 22-08 of May 5, 2022, organizing the High Authority for Transparency and the Prevention and Combating of Corruption. Official Gazette, No. 32 (May 14, 2022).

6. Law No. 16 of 2008 (February 25, 2008) approving the United Nations Convention Against Corruption. Official Gazette, No. 18 (February 29, 2008).

Foreign References

1. Genton. M, les autorités administrative independents, meontchestien, paris, 1996

2. Yadav, Gopal J., “Corruption in developing countries causes and solutions”, global blues and sustainable development: the emerging challengers for bureaucracy, technology and governance international political science association, university of south Florida, September 2005

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Published

2025-06-30

Issue

Section

Legal research