Presentation of the territorial chamber of Algiers
As the national chambers, the chamber with territorial competence of Algiers was established by the ordinance n°95 -20 of July 17, 1995 relating to the court of accounts modified and supplemented by the ordinance n°10 -02 of august 16, 2010 (articles 29, 31), and provided in the article 9 of the presidential decree n°95 -377 fixing the internal rules of the court of accounts, which precise the competence and the territorial implementation of each chamber. Set up on December 17 ,1995. Its headquarter is located in Algiers and it site is housed at the headquarter of the court of accounts.
According to the article 31 of the ordinance n°95 20 of July 17, 1995 modified and supplemented ,the TCA is charged for the posterior control of the finances of the territorials authorities, and all institutions and public organs coming within its territorial competence.
At the organizational level, the chamber is subdivided into sections according to the decision of January 16 th 1996, of the president of the court of accounts specifying the areas of interventions of the territorial chamber, and determining their subdivision into section. In addition to the prerogatives of the chamber’s president and the section’s president who plan, animate, follow, coordinate, supervise and control the activities of the magistrates, these latter numbering of 8: 1 magistrate outside of hierarchy, 5 first counselors, 1 auditors are responsible for main mission, executing the control activities programs of the territorial chamber.
The chamber has a registry ensured by a clerk responsible for the registry of the chamber, and a secretariat which bringing the total number of the staff of territorial chamber to 12 people:10 magistrates, 2 administrative agents.
The chamber’s competence extend over 2 provinces including 85 municipalities distributed as follow:
• Province of Algiers: 75 municipalities.
• Province of Tipaza: 28 municipalities.
The chamber covers portfolio of 442 accounts including 87 administrative accounts (2 administrative accounts of the provinces) and 85 management accounts.
As a part of its attributions, and as the 8 nationals chambers of the court of accounts, the chamber exercises two main missions that are:
• It ensure the jurisdictional control of the accounts of management of local authorities. This control aims to ensuring the accuracy and regularity of the accounts produced by public accountants of local authorities, or any public institution under it, and this on occasion of the operations of clearance of these accounts according to the rules of accounting public.
This type of control may lead, if necessary, to the personal and pecuniary responsibility of public accountants under the conditions set out in the article 75 and following of ordinance 95 20 of 17 july 1995 modified and supplemented.
• It proceeds the quality of management through the proper use of resources, funds and materials means by the local authorities and public bodies that depend on them. In this context, it appreciates their management in term of effectiveness, of efficiency and economy, it recommends at the end of its controls, any necessary Improvement measures to guarantee the performance in the management of local finances.
During the course of the investigations, the chamber raises facts susceptible of the penal qualifications, or the facts constituting a serious violation of the legislatives and regulatory dispositions caused a prejudice to the public treasury or a public organization, a detailed report is drawn up for the purpose of transmitting to the general procurator territorially competent regarding to facts relating to the criminal case or referred to budgetary and financial disciplinary chamber BFDC, with regard to facts falling within the scope of application of the dispositions in the articles 88 and 91 of the ordinance above-mentioned.
In the field of its competence, and through the exercise of its attributions, the chamber also contributes to strengthening the prevention of the fight against various forms of fraud, and illegal or unlawful practices constituting breaches of ethics, and the duty of probity or effecting patrimony or public funds according to the rules of articles 2 and 26 from the previous ordinance modified and supplemented by the ordinance n°10- 02 of 26 august 2010
In addition, to promote transparency in the management of local finances and to improve the effectiveness and performance of the local public service, the results of the control carried out by the chamber and notified to the concerned responsible must be communicated by these latter to the deliberative bodies of the local authorities (MPA SPA), which shall inform the court of accounts of this communication.