The legal system of Algeria
A civil-law system built on French codes retained after independence in 1962 and progressively Arabised, with socialist-era features in property and economic regulation that were unwound from the late 1980s. The Civil Code of 1975 governs obligations and property. Family law comes from the 1984 Family Code, amended significantly in 2005 to require the bride's own consent, restrict polygamy to judicial authorisation with notice to existing wives, and remove the requirement of a marital guardian for adult women, though the guardian remains as a formality. Hydrocarbons law is unusually prominent in the commercial system, with a dedicated regulatory regime and state pre-eminence through Sonatrach.
Legal tradition
Algeria belongs to the civil law with islamic law in personal status tradition. A civil-law system built on French codes retained after independence in 1962 and progressively Arabised, with socialist-era features in property and economic regulation that were unwound from the late 1980s. The Civil Code of 1975 governs obligations and property. Family law comes from the 1984 Family Code, amended significantly in 2005 to require the bride's own consent, restrict polygamy to judicial authorisation with notice to existing wives, and remove the requirement of a marital guardian for adult women, though the guardian remains as a formality. Hydrocarbons law is unusually prominent in the commercial system, with a dedicated regulatory regime and state pre-eminence through Sonatrach.
How power is divided
Unitary, with 58 wilayas headed by walis appointed by the President alongside elected wilaya assemblies, and communes below them. Local bodies administer central policy and hold limited own-source revenue; they do not legislate.
Where law comes from
- The Constitution
- Supreme; reviewed by the Constitutional Court since 2020.
- Legislation
- Statutes of the People's National Assembly and Council of the Nation; organic laws for institutional matters.
- Presidential ordinances
- Issued between sessions or in exceptional circumstances, subject to later ratification.
- Islamic law
- The reference for the Family Code and the residual source in personal status and succession.
- Custom
- Recognised where legislation and Islamic law are silent.
The legal profession
Avocats are admitted through regional bars coordinated by the Union Nationale des Ordres des Avocats, with separate accreditation required for appearance before the Supreme Court and Council of State. Judges and prosecutors form a single career magistracy trained at the École Supérieure de la Magistrature. Notaries and bailiffs are regulated public officers in the French tradition, and notarial deeds are compulsory for real-property transfers.
Law by topic in Algeria
- Constitutional LawA 2020 constitution revised after the Hirak protestsThe 2020 revision, approved by referendum on very low turnout, followed the 2019 Hirak movement and Bouteflika's resignation. It limits the President to two terms and creates a Constitutional Court in place of the former Council.
- Family LawThe 1984 Family Code, amended in 2005 but retaining the marital guardianThe Family Code of 1984 codifies Islamic personal status. The 2005 amendments required judicial authorisation for polygamy and improved the wife's position, but retained the wali for a woman's marriage.
- Immigration & NationalityLaw 08-11 on entry and residence, with criminal penalties for irregular stayEntry, residence and movement of foreigners are governed by Law 08-11 of 2008, which criminalises irregular entry and stay. There is no domestic asylum determination procedure.
- Criminal LawA 1966 penal code with broad security offences and a de facto death penalty moratoriumThe Penal Code of 1966 and the Criminal Procedure Code follow French structure. No execution has been carried out since 1993, and 2021 amendments broadened terrorism definitions considerably.
- Employment & LabourLaw 90-11 on labour relations, with dismissal reviewed by socio-professional bodiesLaw 90-11 of 1990 governs individual and collective employment, setting a 40-hour week, and requires a disciplinary procedure before dismissal with reinstatement available as a remedy.
- Civil ProcedureThe 2008 code of civil and administrative procedure, unifying both branchesLaw 08-09 replaced the 1966 code and governs civil, commercial, social and administrative procedure in a single instrument, with administrative tribunals and a Council of State at the apex of public law.
- Property & LandState-dominated land ownership with concession rather than freehold for agricultureThe 1990 Land Orientation Law and the Civil Code govern property. Agricultural land is largely state-owned and held under long concessions, and foreign ownership of land is effectively excluded.
- Tax LawCorporate tax by sector, from 19 to 26 per cent, plus a tax on professional activityThe Code des Impôts Directs sets corporate rates by activity — lower for production, higher for services — with VAT at 19 per cent and a separate turnover-based tax on professional activity.
- Business & CorporateA 1975 commercial code, with the 51/49 rule now limited to strategic sectorsCompany law sits in the 1975 Commercial Code. The rule requiring majority Algerian ownership of foreign investments was repealed generally in 2020 and now applies only to defined strategic sectors.
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