Jurists to “Al-Hiwar”: The lawyer is an effective partner in advancing the economic wheel – Al-Hiwar Algeria

Nasira Syed Ali

A group of jurists insistedjThey told Al-Hiwar that the development of economic life depends on the involvement of the lawyer before, during and after the establishment of any economic project, which falls – according to them – within the framework of complete and comprehensive accompaniment to the owners of money and business, and the settlement of disputes, especially what is related to the foreign partner as a party to the deal contract, where he is The role of the lawyer in this case, in their view, is to explain the national investment climate and inform him of the legal arsenal of the host country, similar to the investment law, the tax and banking system, the applicable commercial law, the law of public procurement and everything related to the business world in Algeria, so that the foreign party in the contractual process is placed in All guarantees and proceed with its activity smoothly and reassuringly.

Professor Hamid Al-Shammari from Saudi Arabia: There is an economic renaissance in Algeria

In this regard, the lawyer, Professor Dr. Hamid Al-Shammari from the Kingdom of Saudi Arabia, explained in his interview with Al-Hiwar, that accompanying the lawyer for investment and resolving disputes that occur in this field has become a necessity. As lawyers, Professor Al-Shammari said it is our duty to accompany the investment, especially with regard to the partner. From another country, and I note here that Algeria’s human rights guest, Dr. Hamid Al-Shammari, adds that this is his second visit to Algeria, and I confirm that Algeria is a pioneer in granting concessions to national and foreign investors, and it is fully prepared to establish investment projects in various fields, and the Algerian authorities are working to improve the business environment by In order to attract the Arab and foreign investor to it, by providing a lot of incentives that drive the desire to establish various projects on its territory, and given the facilities and incentives provided by this country to the foreign economic partner, it made it a destination for businessmen and investors from outside it in order to establish their investments on its soil, especially since Algeria A safe environment that gives reassurance to the investor’s psyche and makes him feel that their rights are preserved. Also, Algeria’s good treatment of the other earned it prestige and respect from the investor. Mren.

From here, Dr. Hamid Al-Shammari adds that the role of the lawyer is involved in accompanying business owners by creating a legal atmosphere and explaining it to the foreign investor, calling on the Arab countries to intensify intra-trade to serve their people, as well as to establish an economic partnership with Algeria.

Human rights mockery: The lawyer must be integrated into the business climate

For his part, Professor Souria Tarbash, a former member of the association in Oran, explained in her interview with Al-Hiwar that the lawyer has an effective role in the economic system, and the investor must seek help from him before, during and after the establishment of the project, and he should not wait until a dispute occurs and then resort to him to resolve it. In the same context, Professor Souriya Tarbish said, I have 30 years of experience in the field of law, what I concluded is that there is no lawyer who specializes in commercial business, which is what we must reconsider the composition of the lawyer so that he is ready to receive investors, broadcast and participate in economic life so that we can give A strong impetus for the national economy, especially since Algeria has recently opened up a wide field for local and foreign investment, which, as she said, calls for the necessity of integrating the lawyer into the Algerian economic system to facilitate the investor, especially foreigners, to get acquainted with the Algerian legal and economic climate closely.

Professor Jamal Naboush: A distinction must be made between legitimate and legitimate investment

In the same context, Professor Jamal Naboush, who is accredited to the Supreme Court by the Constantine Syndicate, said in his statement to Al-Hiwar that the role of the lawyer in the field of business and investment has become necessary, especially since the Algerian state has paid great attention to the investment and business sector, and with regard to the tasks of the lawyer in the business system. Professor Jamal Naboush said that the lawyer plays several roles in economic life, first in terms of arbitration and also in terms of mediation, hoping that in the coming days the role of the lawyer in the field of investment will be enhanced, and this – according to him – is due to several reasons, foremost of which is the preservation of money public and not to give the opportunity for corruption,

He hopes that the draft law amending the legal profession, which is now on the office of the Prime Minister, will include an article that says that the lawyer must be a party to investment contracts, because the current law regulating the legal profession does not give the lawyer any role and limits his intervention only when the file of the litigants reaches justice, while The same speaker believes that the role of the lawyer is before me, meaning that from the stage of concluding the contract, the lawyer must be present, whether he represents the Algerian state or the public and private sectors, and this does not prevent the investor from resorting to other parties to inquire about the economic feasibility of his project, but he must The owner of the investment activity makes sure whether he is proceeding in a sound legal path, and whether this project is in line with the content of the Algerian investment law, indicating that the intention of the President of the Republic, Abdelmadjid Tebboune, to expand investment is good, but within the framework of the Sharia and the project, and this will not be, as he said, except after activating the role of the lawyer in Economic matter.

Professor Abdel Hafeez Kurtal: The lawyer has an essential role in activating the investment

Human rights professor Abdel Hafeez Kurtal said in his interview with Al-Hiwar that the new investment law is a reform of the legislative system to facilitate and motivate local and foreign investors to invest in Algeria in various projects within the framework of a profitable partnership between these investors. Therefore, the legislative system began with the issuance of the investment law very quickly. Eight accompanying regulatory laws were issued, and what strengthened the investment situation is the creation of specialized commercial courts, which according to it strengthens the legislative system for investment, because the local and foreign investor is always looking for legal and judicial protection for his investments, especially with regard to major projects that need, as he said, protection in A case of dispute between investors and state institutions, such as banks, for example, and accordingly the same speaker adds that it was established for the lawyer accompanying the establishment of these institutions. Anyone wishing to establish an economic institution, whether from inside or outside the country, has recourse to a lawyer’s office in order to request what is known as the establishment of institutions based on the constituent contracts. And obtaining a commercial register, to obtain incentives under the laws that are granted through the single window.

Professor Kurtal said that the lawyer has several roles, foremost of which are accompaniment, counseling and protection, and we mean by the latter. The same speaker adds that in the event of disputes, he always resorts to a lawyer to defend interests, and he said welcome to investment, and legal accompaniment is available.

Jurist Abdul Qadir bin Yamin: In the absence of a lawyer, the investor will not get his legal rights

From the Tiaret Judicial Council, a representative of the Council and a member of an organization, Professor Abdelkader Bin Yammine told Al-Hiwar that the role of the lawyer in the investment process is very effective, as he is the first and last guarantor of rights, in the event that the defense does not interfere in the investment case and goes along with the laws issued by the concerned authorities. These laws become mere ink on paper, because the lawyer, as he said, is the guarantor of the legal rights of the investor, whether in the face of third parties, or the institution with which he contracts, and accordingly the role of the lawyer in keeping pace with these developments and laws issued by the authority is very great in the courtroom and councils who guarantee the disputed party The necessary protection, whether it is related to mediation or arbitration, or in the dispute, and without the presence of the lawyer mentioned above. The same speaker adds that the investor will not be able to take his legitimate rights, indicating that the investor does not know the environment of the country’s laws or its investment climate, and the lawyer in this case is who falls. He has the burden of explaining these laws and clarifying their texts in order to invest comfortably.

Jurist Professor Hisham bin Hercules: The lawyer has a fundamental role in accompanying the investment

For his part, Professor Hisham Ben Hercules, a member of the Sidi Bel Abbes Syndicate, said in his interview with Al-Hiwar that Algeria is keeping pace with what is happening at the global level in terms of changes at the economic level, and accordingly in the context of the global economic transformation, and therefore I affirm here that the lawyer has a fundamental role in accompanying Investment at the national and foreign levels, especially the methods of settling disputes and departing from the traditional method, calling for keeping pace with the rapid transformations required by both domestic and foreign investment.

Lawyer Mr. Boubaker Taha Hussein: Ignoring the role of the lawyer poses a threat to the economic system

On the role of the lawyer in the investment process, the lawyer, Mr. Boubaker Taha Hussein, explained in his speech to “that in light of the development taking place at the level of the investment sector, it has become necessary for the lawyer to accompany the investor, and that he plays an important role by presenting his observations and what is useful to upgrade the legal system and also ensuring And to protect the domestic and foreign investor, and it is not hidden from everyone, Mr. Boubaker Hussein Taha adds that the foreign investor today is insisting on legal protection, indicating that the investment process in Algeria has become much easier and characterized by flexibility, devoid of bureaucracy, and that it includes all the necessary facilities for the success of the government’s work. , stressing that ignoring the role of the lawyer particularly affects the running of the economic system, given his special position in arbitration and mediation and in resolving outstanding issues, and he also has a great role in the recently established commercial courts, noting that the investor is ignorant of legal matters, and therefore the presence of the lawyer has become It is obligatory in such economic matters and in order to present proposals in order to solve the legal problems at hand.

Professor Hawari Ramadani: The lawyer guaranteeing the rights of the investor

We heard the same opinion from Professor Hawari Ramadani, accredited to the Supreme Court and the Council of State, in his interview with Al-Hiwar, that the lawyer has a major role in accompanying economic and investment activities, whether it is related to the national or foreign investor, as he is capable of extorting rights, supporting the oppressed and defending their rights, and that he Before the conflicting parties go to justice, there are friendly solutions between the contracting parties, whether Algerian or foreign companies, indicating that the investment sector has flourished in the recent period with the presence of a legal arsenal organizing it.

Lawyer Falkawi Fawzia: The presence of a lawyer in investment is a necessity

For his part, Professor Mohanan Falkawi Fawzia, a lawyer at the Council and accredited to the Supreme Court and State Council in Setif, told Al-Hiwar that what matters to the economic investor is the speed of the file and the guarantee of his rights in the event of a dispute, explaining that the presence of the lawyer in the contractual process in a commercial deal binds one party Algerian and another foreigner is an urgent necessity as he is one of the specialists along with the notaries, pointing out that the role of the lawyer in business has grown at the present time, in light of the partnership contracts concluded by Algeria with many countries, and in order to give the foreign and local investor alike it is necessary to rely on the lawyer in the process Ensuring the rights of others, as well as the installation of specialized commercial courts here also highlights the role of the lawyer in resolving disputes and guaranteeing rights, and he is the one in charge of the contract and legal advice or in the event of disputes before the judiciary, as well as arbitration, mediation and conciliation.