The IRZ (German Foundation for International Legal Cooperation), in cooperation with the Algerian Ministry of Justice, organised an online exchange of experiences on the topic "Investment climate and investment protection in Algeria" from 1-2 December 2021. The ministry and the judiciary of Algeria attended with a total of 75 participants representing numerous judicial districts from all over the country.
The following experts took part for the IRZ:
Riadh Khalil Hassanain, Federal Bar Association, Berlin
Alexander Heinen, lawyer, Bonn
Yorck Diergarten, Federal Ministry for Economic Affairs and Energy, consultant in the VC3 foreign investments department, Paris Club
The Algerian contingent was represented by the following experts:
Lidia Fes, presiding judge, Ministry of Justice
Esmahene Abdelwahed, judge of the Court of Senia
Faissel Sifwan, chief judge of the Court of Tipasa
Halim Guisa, investigating judge in the Criminal Justice Centre of the Court of Constantine
Mohamed Amine Kentar, Head of the Regulatory Offences Department of the Court of Constantine
Judge Barkane, Head of the Commercial Division
The following experts attended from Tunisa:
Professor Hatem Rouatbi, Head of the Research Centre for Dispute Resolution and Enforcement Methods at the Faculty of Law of the University of Tunis El Manar, Al Taqeeb Law Firm, Tunis
Algeria is currently promoting the development of domestic value creation. This requires an increase in investments from abroad. The relevant legal framework must be amended to create investment incentives. Here, the event offered a discussion forum on how to secure foreign investments in Algeria and Germany and create investment incentives through international and regional guarantee agreements, through bilateral investment protection agreements and options for dispute resolution (arbitration).
The discussions were extremely lively with detailed questions to the experts, for example on practical aspects of investment protection or procedural questions on alternative dispute resolution and arbitration. The experts proposed ways of creating investment incentives through legal safeguards and guarantees to the participants.
On 12 July 2021, IRZ together with the Algerian Ministry of Justice, organised an online exchange of experiences on the “Digitalisation of the Justice System”. There were some high-ranking participants on the Algerian side, including representatives from the Ministry of Justice, public prosecutors and judges from almost all the judicial districts in Algeria. In total 330 participants from Algeria attended the online event.
The following experts attended the event on behalf of IRZ
Dr. Lars Bierschenk, a judge at the Regional Court of Bonn, currently assigned to the Central IT Service of the Justice Department for North Rhine Westphalia (ITD) at the Higher Regional court of Cologne
Yvonne Bach, Presiding Judge at the Administrative Court of DüsseldorfPascal Décarpes, criminologist and international consultant in the fields of criminal justice and prison management
The following experts participated from the Algerian side:
Mohamed Hammouche, Head of the Directorate General for the Modernisation of Justice, Ministry of Justice
Mohamed Attou, Deputy Head of the Directorate General for Judicial Education and Training, Ministry of Justice
M. Athmane, IT Expert, Directorate General for the Modernisation of Justice
Jeloul Boukir, Engineer and IT Expert, Directorate General for the Digitalisation of Justice
The seminar marked the start of cooperation with Algeria in the field of digitalisation of the justice system. It addressed the central theoretical and practical aspects of digitalisation, predominantly in relation to electronic legal transactions and electronic files as well as criminal proceedings. In the course of implementing the 2015 law 15-03 on the modernisation of the judiciary, the Algerian Ministry of Justice has developed a national strategy for digitalisation in all areas of the judiciary. This is already being implemented in many judicial districts in Algeria. A central goal is to accelerate procedures and increase transparency. One of the first steps is the establishment of a central database for all decisions and judgements of the courts of all instances, which will also be accessible to all citizens of Algeria.
During lively discussions, the participants discussed the benefits of a gradual introduction of digital solutions. In contrast to Germany, where the focus of digitalisation was initially placed on the area of civil proceedings, Algeria is currently planning a simultaneous digitalisation of all areas of the justice system. There was a general consensus that the Covid 19 pandemic has led to a significant acceleration of previous developments in the digitalisation of the justice system, which is becoming increasingly accepted.
The Algerian participants showed particular interest in further advice on aspects of digitalisation in the field of criminal law and the penal system, especially with regard to video trials. There is also a need to adapt administrative structures to the digitalisation of the justice system in the area of data protection as well as in the further training of staff. IRZ will take up these issues in future planned seminars.
On 25 May 2021, IRZ organised an online seminar on asset recovery in cooperation with the Algerian Ministry of Justice for participants from all over the country. There were some high-ranking participants on the Algerian side from the central government, the Public Prosecutor General's Office, the National Anti-Corruption Bureau, as well as judges in the field of economic crimes from numerous judicial districts in Algeria.
The following experts attended the event on behalf of IRZ:
Georg Schäfer, Head of Division II B 7 "International criminal law and cooperation in extradition and enforcement" at the German Federal Ministry of Justice and Consumer Protection (BMJV)
Dr Urs Wäckerlin, a desk officer from Division II B 7 of the BMJV
Natalia Spitz, a desk officer from Division III 1 "Extradition, enforcement and legal assistance" at the German Federal Office of Justice
The following experts participated from the Algerian side:
Mohamed Riadh Boujaleb, Head of the Education and Training Department at the Algerian Ministry of Justice
Ragad Abdelrahim, an investigating judge at the Algiers Judicial Centre for Economic and Financial Crimes
Afef Bouchlit, a judge at the Regional Directorate of Criminal Justic
Both sides welcomed the continuation of the previous cooperation on this highly topical issue. The seminar focused on the respective legal frameworks and practices of both countries in the field of asset recovery. This mainly covered the formal requirements for requests for legal assistance and the seizure and confiscation of unlawfully obtained assets.
The challenges in international judicial cooperation were also discussed. Georg Schäfer emphasised the good and trusting relations between Germany and Algeria in terms of mutual legal assistance. The importance of cooperation in the field of asset recovery, which between Germany and Algeria is on a non-treaty basis, is steadily growing, which is why the Algerian side emphasised its desire for bilateral and multilateral agreements.
Both sides identified as one of the main obstacles the extended duration of proceedings, which in some cases prevents the assets from being seized in time. High formal and substantive requirements make it difficult to submit requests for mutual legal assistance and require in-depth knowledge of the applicable legal situation in other states.
This exchange of experiences helped to clarify concrete practical questions about procedures, as well as promoting mutual understanding through direct contact between the central authorities of both states. It therefore made a valuable contribution to further cooperation.