Restrictive requirements for the investment process

Abdessamad Houalef

Private Law - Law and political sciences - University of Tlemcen

Abstract

In drafting the texts governing investment and the economy in general, the legislator has turned to hybrid duplication, neither is it a completely free economy nor is it a planned restricted economy that tried to reconcile the freedom required for commercial and investment practice by using the term trade and investment in the 2016 constitutional amendment. At the same time, we find that it interferes in the regulation of many economic interests, and in a steady manner in all the surroundings that touches economic exploitation under traditional and new names, the goal may be to protect national wealth or public order, and the national economy may be protected from foreign competition, an issue that is no longer It is desirable to mention it explicitly in the public procurement law through its preference for the national product and the national dealer, the texts regulating import and export, and that organization for commercial activities and making it a basis for building the economic base in which it is supposed to be free. This stage is due to a protectionist economic policy driven by the reasons for strategic economic thinking. The latter seeks the state's sovereign options in supporting activities that it believes improve the social situation, and sends appropriate conditions for the continuity of the institution, and therefore are continuous plans in time and for a long period, and it is difficult to determine the financial return in the short term . It would be confiscation of what is required for developing countries that frame the vocabulary contained in their legislation, where lack of transparency and lack of accuracy and detail prevail, and open the way for investment agencies to negotiate with investors of all kinds, without any scientific and practical studies. The problem of the research paper stems from the aim of the investment law, which is to encourage guarantees of free practice, and to standardize the interaction of economic actors by liberalizing its channels by defining the relationship between the objectives of this policy at the level of the national economy, which are known as social profitability standards, and linking the objectives of economic policies to criteria that value the effectiveness of activities It is estimated whether or not to implement it. The problematic: To what extent do sovereign criteria and rules affect the building of the economic base?

Keywords

investment - the economic base- rules affect