The Legal Framework of the Auto-Entrepreneur in Algerian Legislation: Analysis and Evaluation

Abstract

In line with economic, social, and digital transformations, and in order to promote national production and combat unemployment, the legal framework for the self-employed (auto-entrepreneur) was recently established under Law No. 22-23. Accordingly, this article aims to analyze and evaluate the legislative and regulatory framework governing this important category of economic actors.

The study addresses the definition of the self-employed, highlighting its distinctive characteristics compared to other legal forms of business activity. It further examines the conditions and procedures for registration in this category and thus obtaining the status of self-employed, emphasizing the flexibility adopted by the Algerian legislator to encourage access to this status. The paper also discusses the rights and obligations arising from this status, including tax and social aspects, while shedding light on the preferential regime benefiting this category. In addition, this article discusses the legal protection of the self-employed and the guarantees provided by the Algerian legislator, through an examination of newly established institutional structures ensuring the sustainability of this system, notably the National Agency for the Self-Employed, its role in managing the National Register of Self-Employed Persons, and its oversight of the digital platform.

The article concludes by evaluating the adequacy of these provisions in supporting and structuring the self-employed status, while highlighting certain legislative and procedural challenges and proposing recommendations to improve the system in a way that serves comprehensive economic development.