Obstacles of Applying Legal Stability Principle for Investment in Algerian Law

Authors : S. Hafida Mecherouk, Abdessamad Houalef

Pages : 1081-1095

Doi:10.5281/zenodo.17187970

View : 40 | Download : 98

Publication Date : 2025-07-28

Article Type : Research Paper

Abstract :This study aims to highlight the principle of legal stability (legislative stability) as one of the essential guarantees for attracting investment, especially in developing countries like Algeria. Investment, both local and foreign, is the lifeblood of modern economies, and the importance of foreign direct investment emerges as a vital source of financing and development. To achieve this, countries strive to provide an attractive investment environment through a set of legal guarantees, foremost among which are the assurance of capital and its returns transfer, non-expropriation, in addition to the principle of legal stability, which aims to reassure investors and create \\\"legal security\\\" that enhances their confidence and the sustainability of their projects. The main issue of the study is based on the existing tension between investors\\\' urgent need for legislative stability to ensure the security of their investments in the long term, and the state\\\'s sovereign right to amend and repeal the laws regulating the investment sector in line with the public interest and the requirements of changing policies. The study seeks to define the principle of legal stability and its regulations, and then analyze the issues and practical challenges that hinder its effective application in Algerian law, and to answer the extent to which this principle can form a real and effective guarantee for creating a secure investment environment in Algeria.
Keywords : Yatırım, Hukuk, Engeller, İstikrar, Cezayir

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