Africa Justice System Reform Initiative
Capital: Algiers
Population: 44,732,794. (Population Stat- World Statistical data. Mid 2021 estimate)
Region: North Africa. Algeria is located in Northern Africa, bordered by the Mediterranean Sea to the North, Tunisia & Libya to the East, Morocco, Western Sahara & Mauritania to the West, and Mali & Niger to the South
System of Governance
A- LEGAL SYSTEM
1- INTRODUCTION TO THE LEGAL SYSTEM
The Algerian legal system is strongly influenced by French and Islamic
law. Much of the law stems from French statutory law applied by the
French during colonization. Statutory law relating to personal status,
however, was based on Islamic legal principles. Sources of Algerian law
include treaties or conventions ratified by the President; the law;
Islamic law; customs and natural rights and rules of equity, where
necessary.
Under French rule, Maliki principles were used in relation to personal status and succession. In 1959, the government issued a Marriage Ordinance enacting many Maliki principles relating to family matters. After many years of protest and debate following independence, in 1984 the Algerian government issued the Family Code to regulate the issues of personal and Islamic law. The Family Code incorporates Shari’a law and establishes the family unit as the “basic unit of society.” A new civil code was introduced in 1975 and a new penal code was introduced in 1982.
2- CONSTITUTION
Following independence in July 1962, the Algerian Constitution was voted on by referendum and went into effect in September 1964. This constitution declared Islam the state religion, and declared Algeria a one-party state. The National Liberation Front (FLN), the resistance movement against the French, took power. In 1965 a military coup d’état suspended the constitution. The coup was a result of tension within the FLN between former President Ben Bella and Houari Boumedienne.
The second constitution was formally adopted in November 1976, and further reaffirmed Islam as the State religion. Houari Boumedienne, previously the Chairman of the Revolutionary Council from June 1965 until December 1976, became president by a referendum in 1978.
The second constitution further stressed the importance of socialism in the country. Free market reforms were introduced in 1986. In November 1988, another constitution was brought in by referendum, taking effect in February 1989. This constitution introduced a multi-party system and removed the FLN as the leading party. The 1989 Constitution made no mention of socialism, but instead stressed freedom of expression, association and assembly. As the Algerian Civil War began in 1992, the government suspended parts of the Constitution as it issued a state of emergency. One of these constitutional amendments removed the armed forces from a designated role in the operation of government.
The Constitution was further amended in November 1996, allowing political parties to be formed on the basis of race gender, and religion. The Council of the Nation came into being, and created a bicameral legislature with the National Assembly. On November 15, 2008, lawmakers passed Loi No° 08-19, which amended Article 74 of the 1996 Constitution. This amendment eliminated the two-term requirement for the President and allowed for unlimited re-election.
Changes to the Constitution are initiated by the President. Both the People’s National Assembly and the Council of the Nation vote on the proposed change. It the proposal passes, the President must send it to the people for a referendum within fifty days of adoption. If the people pass the referendum, the change is promulgated by the President. Three-fourths of the members from both the People’s National Assembly and the Council of Nations may submit a proposal to the President for amending the Constitution. The President then sends the proposal to a referendum.
B- GOVERNMENT STRUCTURE
Algeria is a republic with a bicameral parliamentary system. Each of the three branches of government plays a role in the legal system. The President and his administration ensure the implementation of the law, while Parliament is responsible for enacting legislation. The Courts make decisions regarding cases. The Algerian Constitution states that judicial power is independent; however, Executive branch decrees have restricted some of the judiciary's authority. The President of the Republic acts as the head of the High Council of the Judiciary, the organization that appoints and disciplines judges.
The President is the Head of State, and the guarantor of national independence. He appoints and dismisses the prime minister, and communicates with the Parliament either directly or by message. He has the power to nominate the highest civil as well as military officers on the recommendation of the Government. The parliament is divided into two chambers: the People’s National Assembly and the Council of Nation, whose purpose is to elaborate and vote on law. Parliament meets in two sessions a year, each lasting a minimum of four months.
1- EXECUTIVE BRANCH
Head of State: President Abdelaziz Bouteflika was elected president on April 15, 1999. He served two five-year terms before a November 2008 constitutional amendment removed presidential term limits. Bouteflika is currently serving his third term after being re-elected in 2009.
Bouteflika was born in March 1937. He joined the National Liberation Army (ALN) directly after finishing high school in 1956, originally serving as a controller. Following independence in 1962, Bouteflika became Minister of Youth, Sport and Tourism of the first government of independent Algeria at age 25. He was then appointed Minister of Foreign Affairs in 1963. He was elected President of the 29th session of the UN General Assembly in 1974. Following the death of President Boumedienne in 1978, Bouteflika was forced into exile for 6 years. Following exile, the military brought Bouteflika back to serve in the Central Committee of the FLN. In April 1999, Bouteflika was elected President after running as an independent candidate. (Biographie du Président).
Head of Government: Prime Minister Ahmed Ouyahia was appointed in June 2008 and has served as Prime Minister for three terms. He was born in Kabylia, Algeria in 1952. He received his diploma from the Ecole Nationale d’Administration (ENA) and Sciences-Po in Algiers. In 1979, Ouyahia served in the Ministry of Foreign Affairs. He became the First Secretary for the Embassy of the Ivory Coast in 1980, before becoming a member of the Permanent Mission of Algeria to the UN in New York in 1982. Ouyahia served as Director for foreign Affairs Africa in 1988, and Ambassador to Mali in 1991. From 1995 to 1998 he served as the Prime Minister for President Liamine Zeroual. He served as Prime Minister for President Bouteflika from 2003 to 2006, and was re-appointed by Bouteflika in 2008. (Jeune Afrique).
2- LEGISLATIVE BRANCH
President of the Council of the Nation: Abdelkader Bensalah has been serving as President of the Council of the Nation since July 2002, after re-election in January 2007 and January 2010. Bensalah holds a bachelor’s degree in Law. Bensalah worked as a correspondent for the weekly Algerian newspaper El Moudjahid, in 1968, for the daily Algerian newspaper El Djoumhouria in 1974. Bensalah was first elected to the Parliament in 1977 in the position of deputy of the National People’s Assembly, and was re-elected in 1982 and in 1991. In February 1997, Bensalah founded the National Democratic Rally party, of which he was elected President. In 1997 he was elected Speaker of the National People’s Assembly.
President of the People’s National Assembly: On May 26, 2012, Mohamed
Khelifa was elected the President of the People’s National Assembly.
Khelifa received a Doctorate in psychology. Khelifa was an active member
of the FLN, serving as the Minister of cultural and social affairs from
1965 to 1979, and a member of the Secretariat from 1979 to 1984. Form
1980 to 1982, Khelifa served as the Secretary of State for Culture and
popular [folk?] arts, and from 1982 to 1984, as the Secretary of State
for Secondary and Technical Education. Khalifa has served as Ambassador
to Algeria in both Yemen, from 1985 to 1988, and Iran from 1988 to
1991. Khalifa also served as the Vice-President of the National
Commission for Presidential Elections, and then Interim President of the
Commission from December 1998 to April 1999.
Number of Chambers/Number of Parliamentarians: The Parliament is
comprised of the National People's Assembly and the Council of Nations
(Senate). The National People's Assembly consists of 462 seats, and
members are elected by popular vote to serve five-year terms. Deputies
are elected by Wilaya (administrative district), and there is one deputy
per 80,000 inhabitants plus another deputy for each remaining
population over 40,000 people. There can never be any less than four
seats for a Wilaya that has 350,000 people or less. There are eight
seats reserved for representation of Algerians abroad.
The Council of Nations consists of no more than half the number of seats of the National People’s Assembly. One-third of the members are appointed by the President of the Republic, and the remaining two-thirds are elected by an indirect vote by the Communal People’s Assemblies and by the People’s Assembly of the Wilaya. Each of the forty-eight Wilayas has two representatives. Members serve for six-year terms, with half of the Council renewed every three years.
3- JUDICIAL BRANCH
The judicial system is a mixture of French and Islamic law. Throughout French colonization, secular courts were the final authority, with Islamic shari’a courts having jurisdiction over lower-level civil cases, criminal offenses, family law, and other personal matters. While the secular courts had the authority to review the shari’a courts, most Algerians viewed the shari’a courts as the final judicial authority. The structure of the legal system was reorganized after independence in 1962 to extend to regional areas previously not included in the judicial system. The system includes civil and military courts in addition to criminal courts. Large-scale structural reforms to the judicial branch began in 1966, with a new civil code coming into effect in 1975, and a new penal code in 1982.
The Constitution provides for an independent judiciary where the judge only obeys the law. Article 148 states that judges are protected from all forms of pressure that could compromise their mission for the respect of the law or their free judgment. While this is stated in the Constitution, this is not always the case in practice.
C- BALANCE OF POWER BETWEEN THE THREE BRANCHES ABOVE
Article 138 of the Constitution, first promulgated in 1989, guarantees the independence of the judiciary. The Constitution also states the judges obey only the law, thus there is a formal separation between the judiciary and the other branches. Article 154 states, however, that the High Council of the Judiciary is to be chaired by the President of the Republic. The High Council of the Judiciary decides the appointments, transfers, and promotions, of judges and prosecutors. Judges are appointed by the executive branch without legislative approval, and the government often removes judges because of disagreements with their politics.
The removal of term limits in 2008 did much to strengthen the power of President Bouteflika’s regime. Article 77 of the Constitution defines the powers of the President and states that he is Commander-in-Chief, Chairman of the Council of Ministers and that he has the power to appoint and remove the Prime Minister. Article 78 states that the President appoints the President of the Conseil d’Etat, the Governor of the Bank of Algeria, the judiciary, and the Secretary General of the Government.
One-third of the Council of the Nation is appointed by the president, while the other two-thirds are elected by local and regional governments. The qualifications of members of the Council of the Nation are not specifically proscribed, but members come from a variety of fields including science, cultural, professional, and economic fields. As this body must approve by a three-fourths vote, any legislation coming from the National Assembly, the President has much power in influencing the legislative branch as well.Capital: Algiers
Population: 35,406,303. July 2011 estimate
Region: North Africa. Algeria is located in Northern Africa, bordered by the Mediterranean Sea to the North, Tunisia & Libya to the East, Morocco, Western Sahara & Mauritania to the West, and Mali & Niger to the South
Justice System
1- COURT SYSTEM
The Ministry of Justice (Ministère de la Justice) has outlined a pyramid structure for the justice system in Algeria. At the top of the pyramid lies the Supreme Court of last resort, which the Constitution assigns the role of overseeing the rest of the judicial courts. The Supreme Court ensures the unification of jurisprudence throughout the country and ensures compliance with the law. The Supreme Court checks the consistency of judgments against the law. The Jurisdiction of the Supreme Court includes incompetence or abuse of power, basic lack of legal merit, a violation of the substantial forms of the rules of procedure, and contradicting decisions of different courts.
At the bottom of the pyramid are tribunals, where the jurisdiction primarily covers minor cases under civil, criminal, commercial, or labor courts. There are 218 tribunal courts under the appellate courts of administrative districts. There are also “specialized” tribunals, including a conflict tribunal, criminal tribunal, military tribunal, administrative tribunal, and other specialized tribunals, all of which have specific jurisdictions outside the normal casework of the 218 tribunals. Each tribunal has a President, a Bench Magistrate, Public Prosecutor's Office and a Registry. With a national population of 34,994,937, there is one court servicing approximately 160,000 people.
Above the tribunals are the courts of administrative districts. There is one court in each of the 48 Wilaya. These courts have appellate jurisdiction from the tribunals below as well as jurisdiction in the first resort for any litigation relating to the State or one of its districts. The courts are qualified for any litigation relating to the state. Each has a President, Chambers Presidents, Counselors, a Public Prosecutor’s Office and a Clerk’s Office.
Above these courts is the Supreme Court, created in 1963, to handle the appellate cases from below. There is a Secretary General that oversees most of the court’s business, with the help of an Administrative Department Chief and a Documentation Department Chief.
The State Council was created in 1998 to oversee the administrative courts across Algeria. The State Council is the last step for administrative matters, and hears cases on appellate jurisdiction from the first-instance administrative tribunal. (Ministry of Justice).
Legal Professionals and Judicial Experts:
Members of the judiciary include lawyers, bailiffs, notaries, auctioneer commissioners, liquidators and administrators, experts, and translators/interpreters. In 2007, The Algerian Bar Association, established in 1848, reported 2755 lawyers and 1331 apprentices as members of the bar association. Membership to a bar association is required for all lawyers in Algeria.
Article 9 of Loi No° 91-04 on the Organization of the Legal Profession states the requirements for becoming a lawyer. Algerians over the age of twenty-two must have a law degree, a degree in Shari’a law or equivalent, or a PhD. in law. If a person does not have a PhD, they must also have a certificate of aptitude (CAPA). The CAPA is a certificate awarded after one year of additional study after receiving a law degree. At the end of the year, an exam is administered. Judges who have practiced for seven years, law professors who have taught a minimum of five years, and those involved in public service, either civil or military for ten years are exempt from the CAPA requirement. After completing the CAPA, an apprenticeship of nine months is also required. Apprentices work with lawyers who have been practicing for at least six years, and are required to participate in all aspects of the host law firm, including appearing in court.
2- PRISON SYSTEM
The Algerian Ministry of Justices oversees 127 institutions in the Algerian prison system, in three categories. The eighty établissements de prévention are for prisoners whose sentences are three months or less. The thirty-five établissements de rééducation contain prisoners whose sentences are less than one year. The ten établissements de readaptation contain prisoners whose sentences are greater than one year, those sentenced to confinement, and repeat offenders, regardless of their sentence. There are two facilities specially designated for juvenile offenders.
As of July 2011, the total prison population was 56,000, including pre-trial detainees and remanded prisoners. This put the prison population rate 156 persons detained per 100,000. The official capacity of the prison system’s institutions is 36,530 as of 2011and the occupancy level for all facilities totals 152.2% of the maximum capacity. Female prisoners account for only 1.8% of the total prisoner population, and juveniles constitute 0.7%. Pre-trial detainees account for 12.4% of the prison population as of 2011.
Prison conditions fail to meet international standards. Overcrowding in prisons has created problems with ventilation, nutrition and hygiene. Prisoner abuse is common and human rights groups are denied entry by the government. The International Committee of the Red Cross and the Red Crescent Society are allowed to visit non-military prisons. Numerous reports have stated that secret detention centers exist in many towns in Algeria according to the Human Rights Committee. In these secret detention centers, prisoners are deprived of their liberties.
While Algeria’s Constitution prohibits arbitrary arrest and detention, there appears to be an overuse of pretrial detention in practice. The National Consultative Commission for the Promotion and Protection of Human Rights (CNCPPDH) argued that in August of 2010 a judicial error resulted in cases of unjustified pretrial detention because of lack of incriminating evidence. CNCPPDH’s 2009 human rights report notes physical abuse and brutalities committed against suspects during pretrial detention
Criminality:
The UN Survey on Crime Trends estimated in 2008 that there was a homicide rate of 1.5 per 100,000 persons. According to the CNCPPDH, an estimated 4,500 women were victims of assault in the first half of 2008. 2009 police statistics indicate that there were 2,675 cases of physical assault, 1,359 cases of abuse, 144 cases of sexual assault, and four deaths. 20 percent of assailants were identified as male family members
Al-Qa’ida in the Islamic Maghreb (AQIM) poses a serious threat to Algeria, with AQIM operatives stating their intention to overthrow the Algerian government. In the fall of 2010, the government of Algeria launched a military campaign against AQIUM, resulting in hundreds of arrests and casualties. Outside of terrorism, drug and weapon smuggling are the main criminal problems.
3- POLICE FORCES (LAW ENFORCEMENT)
The national police force of Algeria at more than 140,000 trained personnel falls under the jurisdiction of the Ministry of the Interior. With these numbers, there is a rate of one officer to about 250 people in Algeria. The police are divided up into three levels according to the Wilaya, sub-prefectures or communes. The Sûreté Urbaine is located at the level of the communes. The Sûreté de Daïra is found in the sub-prefectures, and the Sûreté de Wilaya is located in the Wilaya. The National Gendarmerie acts under the Ministry of Defense and mainly exercises functions pertaining to internal security. The Gendarmerie Nationale serves as the main rural police force, and is currently made up of about 60,000 officers. This force is under the control of the president. Algeria also has a 30,000-member Sûreté Nationale, or Metropolitan Police force which serves under the Ministry of Interior.
According to the US Department of State, the police and gendarmes are
generally effective at maintaining order. The security forces are
provided a copy of a code of conduct establishing regulations for
conduct and sanctions for abuses. Corruption exists, especially in the
customs police. According to press reports, 960 customs officials faced
disciplinary commissions for official negligence or corruption charges
in the past three years. On July 27, customs officials reported 215
disciplinary cases during the first quarter of the year; 118 cases
resulted in official reprimands, and nine cases resulted in suspensions.
Impunity remains a significant problem. The government does not provide
disaggregated public information on the numbers, infractions, or
punishments of police, military, or other security force personnel.
According to human rights attorneys, police officials, and local NGOs,
the most frequent abuse of police authority occurred as a result of
officers not following established guidelines for arrests. The
credibility of the police remains high, but has room for improvement in
corruption.
4- ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISMS
The most documented form of ADRs in Algeria is in commercial disputes. The end of the 1980s brought the end of state-dominated economy and commerce, increasing the opportunities for dispute resolution outside of the national judiciary. The Algerian Chamber for Commerce and Industry created the Mediation and Arbitration Center to bring all commercial disputes to private means of resolution. The use of private means for dispute resolution over using the judicial system is favored by businesses for three reasons. The first is competence; arbitrators and mediators are chosen for their knowledge of the conflict submitted to them, and are much more specialized then judges. The arbitral procedures are also much faster than judicial procedures as well as much more confidential
Algeria has not always been open to unrestricted foreign enterprise. It is likely that future foreign investment in certain sectors will require majority Algerian partnership. In terms of dispute settlement, Algeria is a signatory to the convention of the International Center for the Settlement of Investment Disputes, as well as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Algeria does permit the inclusion of international arbitration clauses in contracts, and the process for negotiation, non-binding conciliation and binding arbitration have been slow but have been consistent with the dispute resolution clauses of the contract .
Capital: Algiers
Population: 35,406,303. July 2011 estimate
Region: North Africa. Algeria is located in Northern Africa, bordered by the Mediterranean Sea to the North, Tunisia & Libya to the East, Morocco, Western Sahara & Mauritania to the West, and Mali & Niger to the South
Political Environment
Algeria gained independence from France on July 5, 1962 after an eight year war starting in 1954. The war was characterized by guerilla warfare and terrorism on both sides of the conflict. The rebel group that was the most influential in winning Algeria’s independence was the National Liberation Front (FLN). The FLN ruled Algeria in a single-party state until the formation of independent political parties in 1989. Several demonstrations protesting shortages and calling for democratization of the contemporary regime in the preceding year led to the adoption of a multi-party system. Algeria’s multi-party system was short-lived. After the 1992 elections in which the Islamic Salvation Front (FIS). In response, the military cancelled the election declared a state of emergency. This began a bloody civil war that claimed over 100,000 lives. During this time, the government was responsible for the disappearances of thousands of people. President Bouteflika was elected in 1999 after his opponents withdrew to protest election fraud.
According to the government’s human rights advisory office, the CNCPPDH, between 1992 and 1999, approximately 8,000 people disappeared or remained missing due to government actions. The government failed to prosecute security force personnel, even in cases the government acknowledged the security forces caused. In an effort to heal the rifts that grew in the country during its long and brutal civil war, in 2005 President Bouteflika introduced the Charter for Peace and National Reconciliation as a way to bring his country together, and to end the ad hoc mechanism established in 2003, which was to account for the disappeared. The Reconciliation Charter granted amnesty to those in the Islamic Salvation Front, the National Popular Army, the security forces, and other state-sponsored armed groups as well as extended the compensation system for victims and the families of the disappeared. Various human rights groups and local NGOs criticized the Charter for granting amnesty for terrorists and allowing individuals to act with impunity.
Despite uprisings in the Maghreb countries in 2011, uprisings associated with the Arab Spring did not occur in Algeria. This is mainly due to the fact that Algeria has recently emerged from a bloody civil war, known to many as the “dark decade.” This desire to avoid a similar situation coupled with the general fear of the DRS military has prevented a full scale uprising. Several demonstrations did occur throughout 2011. Protests over food prices, a housing crisis, and unemployment were widespread, especially among the youth, who have an approximate 40% unemployment rate.
Capital: Algiers
Population: 35,406,303. July 2011 estimate
Region: North Africa. Algeria is located in Northern Africa, bordered by the Mediterranean Sea to the North, Tunisia & Libya to the East, Morocco, Western Sahara & Mauritania to the West, and Mali & Niger to the South
Treaties and Conventions
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The Constitution of The People’s Democratic Republic of Algeria Preamble
The Algerian people is a free people, decided to remain free. Its history is a long chain of battles which have made Algeria forever a country of freedom and dignity. Placed in the heart of the great moments which the Mediterranean has known in the course of its history, Algeria has found in its sons, from the time of the Numidian Kingdom and the epic of Islam to the colonial wars, its heralds of liberty, unity and progress at the same time as the builders of democratic and prosperous states in the periods of grandeur and of peace.
November 1, 1954 was one of the crowns of its destiny, the result of its long resistance to the aggressions directed against its culture, its values and the fundamental components of its identity which are its Arab-ness [l’Arabité] and Amazighité [Al’-Mazighia]; the first of November solidly anchored the battles waged in the glorious past of the Nation.
United in the national movement afterwards in the breast of the National Liberation Front, the people has spilled its blood in order to assume its collective destiny in the liberty and recovered cultural identity and to endow itself with authentically popular institutions. The Constitution of The People’s Democratic Republic of Algeria, 1996
Crowning the people’s war by an independence paid for with the sacrifices of its best children, the National Liberation Front restores finally, in all its fullness, a modern and sovereign State.
Its faith in the collective choices has permitted its people to achieve decisive victories, marked by the recovery of national riches and the construction of a State for its exclusive service, exercising its powers in all independence and security against external pressure.
Having always fought for freedom and democracy, the people intends, by this Constitution, to endow itself with institutions based on the participation of citizens in the conduct of public affairs and which realize social justice, equality and liberty of each and all.
In approving this Constitution, the work of its own genius, reflection of its aspirations, fruit of its determination and product of profound social mutations, the people expresses and consecrates more solemnly than ever the primacy of law.
The Constitution is, above all, the fundamental law which guarantees the rights and the individual and collective liberties, protects the rule of free choice of the people and confers legitimacy on the exercise of powers. It helps to assure the juridical protection and the control of action by the public powers in a society in which legality reigns and permits the development of man in all dimensions.
Strong in its spiritual values, deeply ingrained, and its traditions of solidarity and justice, the people is confident of its capacities to work fully for the cultural, social and economic progress of the world, today and tomorrow.
Algeria, land of Islam, integral part of the Great Maghreb Arab country, Mediterranean and African, is honored by the radiance of its Revolution of November 1 and the respect which the country has sought to achieve and preserve by reason of its commitment to all the just causes of the world.
The pride of the people, its sacrifices, its sense of responsibilities, its ancestral attachment to liberty and social justice are the best guarantees of the respect for the principles of this Constitution which it adopts and passes on to future generations, the worthy inheritors of the pioneers and the builders of a free society.
TITLE I
THE GENERAL PRINCIPLES GOVERNING THE ALGERIAN SOCIETY
CHAPTER I
ALGERIA
Article 1
Algeria shall be a Democratic and People’s Republic. It shall be one and indivisible.
Article 2
Islam shall be the religion of the State.
Article 3
Arabic shall be the national and official language.
Article 3bis
Tamazight is also a national language.
The State shall work for its promotion and its development in all its linguistic varieties in use throughout the national territory.
Article 4
The capital of the Republic shall be Algiers.
Article 5
The national emblem and the national anthem are achievements of the Revolution of November 1, 1954. They shall be unalterable.
These two symbols of the Revolution, having become those of the Republic, shall have the following characteristics:
1. The national emblem shall be green and white with a star and a crescent moon placed at the centre.
2. The national anthem shall be “Quassaman” with all its verses.
CHAPTER II
THE PEOPLE
Article 6
The people shall be the source of all authority. National sovereignty shall vest exclusively in the people.
Article 7
The constituent power shall belong to the people.
The people shall exercise its sovereignty through the institutions which it shall establish.
The people shall exercise its sovereignty by means of the referendum and through elected representatives.
The President of the Republic may have direct recourse to the expression of the will of the people.
Article 8
The people shall establish institutions which have as their objective:
• the safeguarding and the consolidation of national independence;
• the safeguarding and consolidation of national identity and national unity;
• the protection of fundamental rights and the social and cultural development of the Nation;
• the suppression of the exploitation of man by man; the protection
of the national economy against all forms of embezzlement or
misappropriation, hoarding or illegalconfiscation.
Article 9
The institutions shall not indulge in:
• feudal, regionalist and nepotist practices;
• the establishments of relations of exploitation and bonds of dependency;
• practices contrary to Islamic morals and the values of the November Revolution.
Article 10
The people shall choose their representatives freely.
The representation of the people shall have no other limits than those specified in the Constitution and the electoral law.
CHAPTER III
THE STATE
Article 11
The State derives its legitimacy and its existence from the will of the
people. Its motto shall be: “By the People and for the People.”
It shall be at the exclusive service of the People.
Article 12
The sovereignty of the State shall extend to its territory, its air space and its waters.
The State shall also exercise its sovereign right established by international law over each of its different zones of maritime space which belong to it.
Article 13
In no case may it abandon or alienate a part of the national territory.
Article 14
The State shall be founded on the principles of democratic organization and social justice.
The elected assembly shall constitute the framework within which the will of the people and the control of the action of the public powers shall be exercised.
Article 15
The territorial communities are the commune and the wilaya. The commune is the basic community.
Article 16
The elected assembly shall constitute the basis of decentralization and the place for participation of the citizens in the conduct of public affairs.
Article 17
Public property shall be an asset of the national community.
It shall encompass the subsoil, the mines and quarries, the sources of natural energy, the mineral, natural and living resources of the different zones, the national maritime zone, the waters and the forests.
In addition, it shall be established with respect to railroad, maritime and air transports, the posts and
telecommunications, as well as all other assets specified by an Act of Parliament.
Article 18
The national domain shall be defined by Act of Parliament.
It shall comprise the public and private domains of the State, the wilaya and the commune.
The management of the national domain shall be carried out in conformity with statute.
Article 19
The organization of external trade shall fall within the competence of the State.
An Act of Parliament shall determine the conditions of the exercise and control of foreign trade.
Article 20
Expropriation cannot be undertaken except within the framework of an Act of Parliament.
It shall give rise to prior, just and equitable compensation.
Article 21
The functions in State service institutions shall not constitute a source of enrichment or a means to serve private interests.
Article 22
The abuse of authority shall be punished by statute.
Article 23
The impartiality of the administration shall be guaranteed by statute.
Article 24
The State shall be responsible for the security of persons and possessions. It shall ensure the protection abroad of every citizen.
Article 25
The consolidation and the development of the potential for the defense of the Nation shall have its organizational focus in the National People’s Army.
The National People’s Army shall have the permanent mission to safeguard national independence and the defense of national sovereignty.
It is charged to ensure the defense of the unity and territorial integrity of the country, as well as the protection of the territory, its air space and the different zones of its maritime zone.
Article 26
Algeria shall not resort to war to attack the legitimate sovereignty and the liberty of other peoples.
It shall endeavor to settle international differences by peaceful means.
Article 27
Algeria shall extend its solidarity to all peoples who are fighting for political and economic liberation, for the right of self-determination and against all racial discrimination.
Article 28
Algeria shall work for the reinforcement of international cooperation and for the development of amicable relations between the states on the basis of equality, mutual interest and non-interference in internal affairs. It recognizes the principles and objectives of the Charter of the United Nations.
CHAPTER IV
CONCERNING THE RIGHTS AND LIBERTIES
Article 29
The citizens shall be equal before the law without any discrimination on the basis of birth, race, gender, opinion or any other personal or social condition or circumstances.
Article 30
Algerian citizenship shall be defined in an Act of Parliament.
The conditions for the acquisition, retention, loss and revocation of Algerian citizenship shall be determined by statute.
Article 31
The institutions shall seek to ensure the equality of rights and duties
of all citizens in suppressing the obstacles which obstruct the
development of the human personality and impede the effective
participation of all in the political, economic, social and cultural
life.
Article 31bis
The State shall work for the promotion of political rights of women by increasing their chances of access to representation in elected assemblies.
The modalities of application of this Article shall be determined by an Institutional Act.
Article 32
The fundamental liberties and the rights of man and of the citizen shall be guaranteed.
They shall constitute the common heritage of all Algerians, who have the task of transmitting it from generation to generation in its integrity and inviolability.
Article 33
The individual and collective defense of the fundamental Rights of Man and of individual and collective liberties shall be guaranteed.
Article 34
The State shall guarantee the inviolability of the human person.
Any form of physical or moral violence or infringement of dignity shall be prohibited.
Article 35
The infringements of rights and liberties as well as any physical or moral attacks on the integrity of the human person shall be punished by statute.
Article 36
The freedom of conscience and the freedom of opinion shall be inviolable.
Article 37
The freedom of commerce and of industry shall be guaranteed. It shall be exercised within the statutory framework.
Article 38
The freedom of intellectual, artistic and scientific creativity shall be guaranteed to the citizen.
The rights of authorship shall be protected by statute.
The seizure of any publication, recording or other means of communication and information may only be carried out on the basis of a judicial warrant.
Article 39
The private life and the honor of the citizen shall be inviolable and protected by statute.
The secrecy of correspondence and private communications, in all their forms, shall be guaranteed.
Article 40
The State shall guarantee the inviolability of the domicile.
No search can be made, except on the basis of a statute and in conformity with its provisions.
A search may only be carried out on the basis of a warrant from the competent judicial authority.
Article 41
The freedoms of expression, association and assembly shall be guaranteed to the citizen.
Article 42
The right to establish political parties shall be recognized and guaranteed.
However, this right may not be invoked in order to undermine fundamental liberties, the values and main elements of national identity, national unity, the security and integrity of the national territory, the independence of the country and the sovereignty of the people or the democratic and republican character of the State.
In accordance with the provisions of the present Constitution political parties may not be founded on a religious, linguistic, racial, sexual, corporatist or regional basis.
Political parties may not have recourse to party political propaganda using the elements referred to in the previous paragraph.
Any submission of political parties, under whatever form, to foreign interests or parties shall be forbidden.
No political party may resort to violence or constraint, of whatever nature or form.
Other obligations and duties shall be determined by statute.
Article 43
The right to form associations shall be guaranteed by statute.
The State shall encourage the flourishing of the associative movement.
Statute shall determine the conditions and the modalities pertaining to the creation of associations.
Article 44
Every citizen enjoying all civil and political rights shall have the right to choose freely the place of residence and to move about on the national territory.
The right of entry and exit from the national territory shall be guaranteed.
Article 45
Every person shall be presumed to be innocent until he or she has been found guilty by a regular court in accordance with all the guarantees required by statute.
Article 46
No one may be considered guilty except by virtue of a statute duly promulgated before the commission of the incriminating act.
Article 47
No one may be pursued, arrested or detained except in the cases determined by statute and in accordance with the forms prescribed by it.
Article 48
In the case of a criminal investigation detention shall be subject to judicial control and may not exceed forty-eight hours.
The person detained shall have the right to get in touch with his family immediately.
An extension of the detention may take place only exceptionally and in accordance with the conditions specified by statute.
At the end of the detention a medical examination shall be performed on the detained person if the latter so requests; in any case he or she has to be informed of this right.
Article 49
Judicial error shall give rise to compensation by the State.
The statute shall determine the conditions and modalities of the compensation.
Article 50
Every citizen meeting the legal requirements shall have the right to vote and to be elected.
Article 51
Equal access to functions and employment in the State shall be guaranteed to all citizens, without conditions other than those established by statute.
Article 52
Private property shall be guaranteed.
The right of inheritance shall be guaranteed.
The holdings of the religious (wakf) and other foundations shall be recognized. Their use for the established purposes shall be protected by statute.
Article 53
The right to education shall be guaranteed. Instruction shall be free within the conditions fixed by statute.
Primary education shall be compulsory.
The State shall organize the educational system.
The State shall protect equal access to schooling and professional training.
Article 54
All citizens shall have the right to the protection of their health.
The State shall ensure the prevention and the fight against epidemic and endemic illnesses.
Article 55
All citizens shall have the right to work.
The right to protection, security and hygiene at work shall be guaranteed by statute.
The right to rest shall be guaranteed. Statute shall determine the modalities of its exercise.
Article 56
The right to establish trade unions shall be recognized for all citizens.
Article 57
The right to strike shall be recognized. It shall be exercised within the framework established by statute.
The law may prohibit or restrict the exercise of the right to strike in the fields of national defense and security, or for services and public activities which are of vital interest to the community.
Article 58
The family shall enjoy the protection of the State and of the society.
Article 59
The living conditions of the citizens who cannot yet work or can no longer or never again work shall be guaranteed.
CHAPTER V:
THE DUTIES
Article 60
No one is excused as a result of ignorance of the law.
Every person is under a duty to respect the Constitution and to conform to the laws of the Republic.
Article 61
Every citizen has the duty to protect and safeguard the independence of the country, its sovereignty and the integrity of its national territory, as well as all the attributes of the State.
Treason, espionage, defection to the enemy, as well as all infractions committed against the security of the State shall punished with all the rigor of the law.
Article 62
Every citizen must loyally discharge his obligations toward the national community.
The dedication of the citizen to his fatherland and the obligation to contribute to its defense shall be sacred and permanent duties.
The State shall guarantee respect for the symbols of the Revolution, the memory of the chouhada and the dignity of their rightful claimants and of the moudjahidine.
Moreover, the State shall work for the promotion of the writing of history and its teaching to the younger generations.
Article 63
All rights which a person enjoys shall be exercised in a manner which is respectful of the rights conferred by the Constitution on others, and in particular of the right to honor, to the intimacy and the protection of the family, of youth and childhood.
Article 64
All citizens shall be equal with respect to taxation.
Everyone must participate in the financing of public expenditure according to his or her abilities.
No tax may be levied except by virtue of a statute.
No tax, contribution, excise or right of any kind may be levied with retroactive effect.
Article 65
Statute shall uphold the rights of parents with regard to the education and protection of their children as well as the duty of the children to aid and assist their parents.
Article 66
Every citizen has the duty to protect public property and the interests of the national community and to respect the property of others.
Article 67
Every foreigner who resides legally on the national territory shall enjoy for his person and his goods the protection of the law.
Article 68
No one may be extradited except on the basis and application of an Extradition Act.
Article 69
In no case may a political refugee who is lawfully claiming the right of asylum be handed over or extradited.
TITLE II
THE ORGANIZATION OF THE POWERS
CHAPTER I
THE EXECUTIVE POWER
Article 70
The President of the Republic, Head of the State, shall embody the unity of the Nation.
He shall be the guarantor of the Constitution.
He shall embody the State both within the country and abroad.
He shall appeal directly to the Nation.
Article 71
The President of the Republic shall be elected by universal, direct and secret suffrage.
He shall be elected by an absolute majority of votes cast.
The other modalities of the presidential election shall be determined by statute.
Article 72
The President of the Republic shall exercise the supreme authority of the State within the limits established by the Constitution.
Article 73
To be eligible for the Presidency of the Republic, a candidate must:
• have solely native Algerian citizenship;
• be of Muslim faith;
• be at least forty (40) years old on election day;
• enjoy all civil and political rights;
• testify to the Algerian nationality of the spouse;
• provide proof of his participation in the Revolution of November 1, 1954 if he was born before July 1942;
• provide proof of the non-involvement of his parents in hostile acts against the Revolution of November 1, 1954 if
• he was born after July 1942;
• produce a public declaration of his mobile and immobile property in Algeria as well as abroad; and
• fulfill other conditions as specified by statute.
Article 74
The presidential term shall be five years.
The President of the Republic may be re-elected.
Article 75
The President of the Republic shall take an oath before the people and in the presence of all the high officials of the Nation in the week following his election.
He shall assume his office upon taking the oath.
Article 76
The President of the Republic shall take the following oath:
In the name of God, most benevolent, ever merciful
“Faithful to the supreme sacrifices and the memory of our revered martyrs and the ideals of the eternal November Revolution, I swear by God All Mighty to respect and glorify the Islamic religion, to defend the Constitution, to work tirelessly for the continuity of the State, to work to insure the necessary conditions for the normal functioning of the institutions and the Constitutional system, and to strive to strengthen the democratic path, to respect the free choice of the people, as well as the institutions and laws of the Republic, to preserve the integrity of the national territory, the unity of the people and the nation, to protect the fundamental rights of man and citizen, to work relentlessly for the development and the prosperity of the people, and to pursue with all my strength the realization of the great ideals of justice, liberty and peace in the world.” and God is my witness
Article 77
In addition to the powers expressly conferred upon him by this Constitution, the President of the Republic shall enjoy thefollowing powers and prerogatives:
1. He shall be the Commander-in-Chief of all the armed forces of the Republic.
2. He shall be responsible for National Defense.
3. He shall determine and conduct the foreign policy of the nation.
4. He shall chair the Council of Ministers.
5. He shall appoint the Prime Minister and put an end to his functions.
6. Subject to the provisions of Article 87 of the Constitution, the President of the Republic may delegate part of his powers to the Prime Minister so as to allow him to chair the meetings of the Government.
7. He may appoint one or several Deputy Prime Ministers to assist the Prime Minister in the exercise of his functions and shall terminate their functions.
8. He shall sign presidential decrees.
9. He shall have the right to grant pardons, and to reduce or to commute sentences.
10. He may refer any question of national importance to the people by way of referendum.
11. He shall conclude and ratify international treaties.
12. He shall confer decorations, distinctions and honorary titles of the State.
Article 78
The President of the Republic shall appoint:
1. to posts and commissions (as) specified by the Constitution;
2. to civilian and military posts of the State;
3. to other posts determined by the Council of Ministers;
4. the President of the Conseil d’Etat;
5. the Secretary General of the Government;
6. the Governor of the Bank of Algeria;
7. the judges and prosecutors;
8. those responsible for the security organs;
9. the walis
The President shall appoint and recall the ambassadors and the special envoys of the Republic abroad.
Article 79
The President of the Republic shall appoint the members of the Government after consultation with the Prime Minister.
The Prime Minister shall implement the program of the President of the Republic and shall coordinate the action of the Government to this effect.
Article 80
The Prime Minister shall submit his action plan for approval to the People’s National Assembly, which shall open a general debate to this end.
The Prime Minister may amend the action plan in the light of this debate, in agreement with the President of the Republic.
The Prime Minister shall submit to the Council of the Nation a statement on his action plan as it has been approved by the People’s National Assembly.
The Council of the Nation may adopt a resolution.
Article 81
In case of non-approval of his action plan by the People’s National Assembly, the Prime Minister shall tender the resignation of his government to the President of the Republic.
The President of the Republic shall appoint a new Prime Minister under the same procedure.
Article 82
If the approval of the People’s National Assembly is not obtained on a new effort, the People’s National Assembly shall be dissolved without further consideration.
The existing Government shall remain in office to conduct current affairs until the election of a new People’s National Assembly which must take place within a maximum interval of three (3) months.
Article 83
The Prime Minister shall implement and coordinate the program adopted by the People’s National Assembly.
Article 84
The Government shall submit annually to the People’s National Assembly a declaration of general policy.
The declaration shall form the basis for a debate on the action of the Government.
The debate can be concluded by a resolution or may result in a motion
of censure in conformity with the provisions of Articles 135, 136 and
137.
The Prime Minister may ask the People’s National Assembly for a vote of
confidence. If the motion of confidence is not voted, the Prime
Minister shall tender the resignation of his Government.
In that case the President of the Republic may, before the acceptance of the resignation, make use of the provisions of Article 129 below.
The Government may also submit to the Council of the Nation a declaration of general policy.
Article 85
In addition to the powers expressly conferred by other provisions of the Constitution, the Prime Minister shall exercise the following competences:
1. He shall assign the competences among the members of the Government in accordance with the constitutional provisions.
2. He shall supervise the execution of the laws and the regulations.
3. He shall sign the executive decrees, after approval by the President of the Republic.
4. He shall appoint the employees of the State, without prejudice to the provisions of Article 77 and 78 above.
5. He shall supervise the good functioning of the public administration.
Article 86
The Prime Minister may tender the resignation of his Government to the President of the Republic.
Article 87
The President of the Republic may not under any circumstances delegate the power to appoint the Prime Minister, the members of the Government, as well as the Presidents and members of the constitutional institutions for which no other mode of designation is specified by the Constitution.
Nor may he delegate his power to have recourse to referendum, to dissolve the People’s National Assembly and to order fresh legislative elections, or to implement the provisions specified in Articles 77, 78, 91, 93 to 95, 97, 124, 126,127 and 128 of the Constitution.
Article 88
Whenever the President of the Republic, because of serious and enduring illness, finds himself in a total incapacity to exercise his functions, the Constitutional Council shall meet as of right and, after having verified by all appropriate means that the incapacity indeed exists, shall propose to the Parliament by unanimity to declare a state of incapacity.
The Parliament shall declare the state of incapacity of the President of the Republic in a joint session of both chambers by a two-thirds (2/3) majority of its members, and shall appoint the President of the Council of the Nation for a maximum period of forty-five (45) days as interim Head of State, who shall exercise his powers in accordance with the provisions of Article 90 of the Constitution.
If the incapacity continues beyond the period of forty-five (45) days, it shall proceed to a declaration of vacancy caused by legally mandated resignation according to the procedure stipulated in the paragraphs below and the provisions of the following paragraphs of this Article.
In case of resignation or death of the President of the Republic, the Constitutional Council shall meet as of right and declare the definitive vacancy of the Presidency of the Republic.
It shall communicate immediately the act of the declaration of definitive vacancy to the Parliament which meets as of right.
The President of the Council of the Nation shall assume the duties of Head of State for a maximum period of sixty (60) days, during which presidential elections shall be organized.
The Head of State so designated cannot be a candidate for the Presidency of the Republic.
In case of coincidence of the resignation or the death of the President of the Republic with a vacancy in the Presidency of the Council of the Nation, for whatever cause, the Constitutional Council shall meet as of right and declare by unanimity a definitive vacancy of the Presidency of the Republic and the incapacity of the President of the Council of the Nation. In that case the President of the Constitutional Council shall assume the duties of the Head of State on the conditions specified in the preceding paragraphs of the present Article and Article 90 of the Constitution. He cannot be a candidate for the Presidency of the Republic.
Article 89
When one of the candidates taking part in the second round of the presidential elections dies, retires, or is incapacitated for any other reason, the acting President of the Republic or the person who assumes the function of the Head of State shall remain in office [en fonction] until the proclamation of election of the President of the Republic.
In that case, the Constitutional Council shall prolong the period for the organization of the elections up to a maximum of sixty (60) days.
An Institutional Act law shall determine the conditions and modalities for implementing the present provisions.
Article 90
The Government in office at the time of the temporary incapacity, the death or the resignation of the President of the Republic cannot be dismissed from office or reshuffled before the new President of the Republic assumes his functions.
In a situation when the Prime Minister in office at the time is a candidate for the Presidency of the Republic he must resign as of right. The function of the Prime Minister shall be assumed by another member of the Government designated by the Head of State.
During the periods of forty-five (45) days and the sixty (60) days referred to in Articles 88 and 89, no application can be made of the provisions in paragraphs 9 and 10 of Article 77 and in Articles 79, 124, 129, 136, 137, 174, 176 and 177 of the Constitution.
During the same periods, Articles 91, 93, 94, 95 and 97 of the Constitution cannot be applied without the approval of the Parliament meeting in joint session, the Constitutional Council and the High Council of Security having been previously consulted.
Article 91
In case of compelling necessity the President of the Republic, after having convened the High Council of Security and having consulted with the President of the People’s National Assembly, the President of the Council of the Nation, the Prime Minister and the President of the Constitutional Council, shall decree the state of urgency or state of siege for a specified period and take all necessary measures for the restoration of the previous situation.
The state of urgency or the state of siege can only be prolonged after approval by the Parliament meeting in joint session.
Article 92
The organization of the state of urgency and the state of siege is determined by an Institutional Act.
Article 93
Whenever the country is threatened by an imminent danger to its institutions, its independence or its territorial integrity, the President of the Republic shall decree the state of emergency.
Such a measure shall be taken after consultation with the President of the People’s National Assembly, the President of the Council of the Nation and the Constitutional Council and after hearing the High Council of Security and the Council of Ministers.
The state of emergency empowers the President of the Republic to take exceptional measures which are necessary for the safeguarding of the independence of the Nation and the institutions of the Republic.
The Parliament shall meet as of right.
The state of emergency shall be terminated in accordance with the same forms and procedures which have governed its proclamation.
Article 94
The President of the Republic shall decree the general mobilization in the Council of Ministers after having heard the High Council of Security and having consulted with the President of the People’s National Assembly and the President of the Council of the Nation.
Article 95
The President of the Republic, after having convened the Council of Ministers, having heard the High Council of Security, and having consulted with the President of the People’s National Assembly and the President of the Council of the Nation, shall declare war in case of an effective or imminent aggression in conformity with the relevant provisions of the Charter of the United Nations.
The Parliament shall sit as of right.
The President of the Republic shall inform the Nation by a message.
Article 96
During the state of war the Constitution shall be suspended and the President of the Republic shall assume all powers.
When the term of the President of the Republic ends, it shall be extended as of right until the end of the war.
In case of the resignation or death of the President of the Republic or any other incapacity the President of the Council of the Nation shall assume in his role as Head of State in the same conditions as the President of the Republic all the powers required by the state of war.
In case of a coincidence of the vacancy in the Presidency of the Republic with a vacancy in the Presidency of the Council of the Nation, the President of the Constitutional Council shall assume the responsibilities of Head of the State in the conditions stated above.
Article 97
The President of the Republic shall sign the armistice accords and the treaties of peace.
He shall obtain the advice of the Constitutional Council on the accords.
He shall submit them immediately for the express approval of each of the Houses of Parliament.
CHAPTER II
THE LEGISLATIVE POWER
Article 98
The legislative power shall be exercised by a Parliament composed of two chambers, the People’s National Assembly and the Council of the Nation. The Parliament shall prepare and adopt the legislation autonomously.
Article 99
The Parliament shall control the action of the government in the conditions specified by Articles 80, 84, 133 and 134 of the Constitution.
The control referred to in Articles 135 and 137 of the Constitution shall be exercised by the People’s National Assembly.
Article 100
Within the framework of its constitutional powers the Parliament must remain faithful to the mandate of the people and remain in constant touch with their aspirations.
Article 101
The members of the People’s National Assembly shall be elected by universal, direct and secret suffrage.
Two-thirds (2/3) of the members of the Council of the Nation shall be elected by indirect and secret suffrage from among and by the members of the Communal People’s Assemblies and by the People’s Assembly of the Wilaya.
One-third (1/3) of the members of the Council of the Nation shall be designated by the President of the Republic from among the personalities and national elites in the scientific, cultural, professional, economic and social fields.
The number of the members of the Council of the Nation shall be half, at the most, of the members of the People’s National Assembly.
The modalities of the application of paragraph 2 above shall be determined by statute.
Article 102
The People’s National Assembly shall be elected for a term of five (5) years.
The mandate of the Council of the Nation shall be fixed at six (6) years.
The membership of the Council of the Nation shall be renewable by one-half (1/2) every three (3) years.
The mandate of the Parliament cannot be extended save in exceptionally serious circumstances which disturb the normal election process.
Such a situation is determined by a decision of a joint session of the chambers of Parliament convened upon proposal of the President of the Republic and in consultation with the Constitutional Council.
Article 103
The modalities of the election of the deputies and those relative to the election or designation of the members of the Council of the Nation, the conditions of eligibility and the terms of disqualifications and of incompatibilities applying to them shall be determined by Institutional Act.
Article 104
The validation of the mandates of the deputies and that of the members of the Council of the Nation shall fall within the competence of the respective chamber.
Article 105
The mandate of the deputy and of the member of the Council of the Nation shall be national. It shall be renewable and incompatible with any other mandate or function.
Article 106
The deputy or the member of the Council of the Nation who does not fulfill or no longer fulfills the conditions of eligibility shall forfeit his mandate.
This forfeiture shall be decided in each case by the People’s National Assembly or the Council of the Nation by a majority of its members.
Article 107
The deputy or the member of the Council of the Nation shall be responsible to his peers who can revoke his mandate if he commits an act unworthy of his mission.
The rules of procedure of each chamber shall establish the conditions in which a deputy or a member of the Council of the Nation may be excluded. The exclusion shall be declared in each case by a majority of the members of the People’s National Assembly or the Council of the Nation without prejudice to other sanctions under the general law.
Article 108
The conditions in which the Parliament accepts the resignation of one of its members shall be established by Institutional Act.
Article 109
Parliamentary immunity shall be granted to the deputies and to the members of the Council of the Nation during their time in Parliament.
They may not be prosecuted or arrested, or in general be the object of any civil or criminal proceedings or pressures on account of the opinions expressed, the speeches delivered or the votes cast in the exercise of their mandate.
Article 110
A deputy or a member of the Council of the Nation may not be prosecuted for a crime or an offense unless he waives his parliamentary immunity or the prosecution is authorized, depending on the case, by either the People’s National Assembly or the Council of the Nation, which shall decide by a majority of its members on the lifting of the parliamentary immunity of its member.
Article 111
If caught in the act of committing an offense or a crime the deputy or member of the Council of the Nation may be arrested. The bureau of the People’s National Assembly or the Council of the Nation must be informed immediately.
The competent bureau may demand the suspension of the prosecution and the release of the deputy or the member of the Council of the Nation; in this case the procedure provided for in Article 110 above shall apply.
Article 112
An Institutional Act shall determine the conditions of replacement of a deputy or a member of the Council of the Nation in case of vacancy of his seat.
Article 113
The legislature shall meet as of right on the tenth day following the election of the People’s National Assembly under the presidency of its oldest member assisted by the two youngest deputies.
It shall proceed to the election of its bureau and the constitution of its commissions.
The above provisions shall apply to the Council of the Nation.
Article 114
The President of the People’s National Assembly shall be elected for the term of the legislature.
The President of the Council of the Nation shall be elected after every partial renewal of the membership of the Council.
Article 115
The organization and the functioning of the People’s National Assembly and of the Council of the Nation, as well as the working relations between the chambers of the Parliament and the Government, shall be determined by Institutional Act.
The budget of the two chambers as well as the allowances of the deputies and the members of the Council of the Nation shall be determined by statute.
The People’s National Assembly and the Council of the Nation shall draft and adopt their rules of procedure.
Article 116
The meetings of the Parliament shall be public. A record of its proceedings shall be kept and be made available to the public in the conditions established by Institutional Act.
The People’s National Assembly and the Council of the Nation may meet in closed session upon the request of their presidents, the majority of their members present, or the Prime Minister.
Article 117
The People’s National Assembly and the Council of the Nation shall establish permanent commissions within the framework of their rules of procedure.
Article 118
The Parliament shall meet in two ordinary sessions each year, each with a minimum duration of four (4) months.
The Parliament may meet in extraordinary session on the initiative of the President of the Republic. It may also be summoned by the President of the Republic on the request of the Prime Minister or the request of two-thirds (2/3) of the members of the People’s National Assembly.
The closing of the extraordinary session shall take place when the Parliament has completed the agenda for which it was summoned.
Article 119
Both the Prime Minister and the deputies shall have the right to initiate legislation.
In order to be admissible Bills must be introduced by twenty (20) deputies.
Bills shall be submitted to the Council of Ministers after the advice of the Conseil d’Etat and then be transmitted by the Prime Minister to the bureau of the People’s National Assembly.
Article 120
In order to be adopted each Government Bill or Private Members’ Bill must be the object of deliberation successively by the People’s National Assembly and the Council of the Nation. Government Bills and Private Members’ Bills shall be debated by the People’s National Assembly in the form in which they have been tabled before it. The Council of the Nation shall debate the text which has been voted by the People’s National Assembly and shall adopt it by a majority of three-fourths (3/4) of its members.
In case of disagreement between the two chambers a joint committee, composed of members from the two chambers, shall be convened at the request of the Prime Minister to propose a text on the provisions still under debate.
This text shall be submitted to the two chambers for approval by the Government; no amendment shall be admissible, except with the consent of the Government.
In case of the persistence of the disagreement the text shall be withdrawn.
The Parliament shall adopt the Finance Bill within a period of seventy-five (75) days, counting from the date of submission in conformity with the preceding paragraphs.
In case of non-adoption within the specified period, the President of the Republic shall promulgate the Government Bill by way of ordinance.
The other procedures shall be specified by the Institutional Act referred to in Article 115 of the Constitution.
Article 121
Any Bill which aims at or has the effect of decreasing public revenue or increasing public expenditure shall be inadmissible unless it is accompanied by measures which seek to increase the revenue of the State or to achieve savings at least equal in size on other items of public expenditure.
Article 122
The Parliament shall legislate on the subject matters assigned to it by the Constitution as well as the following fields:
1. The fundamental rights and duties of persons, particularly the system of public liberties, the safeguarding of individual liberties, and the obligations of citizens;
2. The general rules pertaining to personal status and family law and particularly to marriage, divorce, filiation, legal capacity and inheritance;
3. The conditions of the establishment of persons;
4. Basic legislation concerning nationality;
5. General rules pertaining to the condition of foreigners;
6. Rules concerning judicial organization and the creation of new categories of courts;
7. General rules of criminal law and criminal procedure and particularly the determination of crimes and
misdemeanors, the institution of the corresponding penalties of any kind, amnesty, extradition and the penitentiary regime;
8. The general rules of civil procedure and the execution of judgments;
9. The system of civil and commercial obligations and property;
10. The territorial division of the country;
11. The adoption of the national plan;
12. The vote of the State budget;
13. The introduction of the base and rates of taxes, contributions, duties and fees of every kind;
14. The customs system;
15. The general regulations concerning the issuing of money, the banking regime, credit and insurance;
16. General rules relating to education and scientific research;
17. General rules relating to public health and the population;
18. General rules relating to the right to work, social security, and the exercise of the right to establish trade unions;
19. General rules relating to the environment, the standard of life and land management;
20. General rules relating to the protection of the fauna and flora;
21. The protection and safeguarding of the cultural and historic heritage;
22. The general system of forests and pasture lands;
23. The general water system;
24. The general system of mines and hydrocarbons;
25. Real estate;
26. The fundamental guarantees accorded to public officials and the general statute of Public Service;
27. The general rules relative to National Defense and the use of the Armed Forces by civil authorities;
28. The rules governing the transfer of property from the public to the private sector;
29. The setting up of categories of legal entities;
30. The creation of decorations, distinctions and honorific titles of the State.
Article 123
In addition to the matters reserved by the Constitution for regulation by Institutional Act the following matters shall be subject to regulation by Institutional Act:
• the organization and functioning of the public authorities;
• the electoral system;
• the Political Parties Act;
• the Information Act;
• the status of judges and prosecutors and the judicial organization;
• the framework legislation concerning Finance Bills;
• the National Security Act.
The Institutional Act shall be adopted by absolute majority of the deputies and three-quarters (3/4) of the members of the Council of the Nation.
It shall be submitted for review of its conformity to the Constitutional Council before its promulgation.
Article 124
In case of the non-functioning of the People’s National Assembly or in the periods between parliamentary sessions, the President of the Republic may legislate by ordinance.
The President of the Republic shall submit the texts adopted by him to the approval of each of the chambers of Parliament at their next session.
Ordinances not adopted by the Parliament shall be void.
In case of a state of emergency defined in Article 93 of the Constitution, the President of the Republic may legislate by ordinances.
The ordinances shall be adopted in the Council of Ministers.
Article 125[22]
Matters other than those reserved to statutory legislation shall fall within the regulatory power of the President of the Republic.
The implementation of the laws shall be a matter for the regulatory power of the Prime Minister.
Article 126
The Act of Parliament shall be promulgated by the President of the Republic within thirty (30) days counted from the date of its transmittal.
However, when an Act has been submitted to the Constitutional Council before its promulgation by one of the authorities referred to in Article 166 below, this time limit shall be suspended until the Constitutional Council gives its ruling in the conditions specified in Article 167 below.
Article 127
The President of the Republic may ask for the re-opening of the parliamentary debate on an Act voted by Parliament within thirty (30) days following its adoption.
In that case, a majority of two-thirds (2/3) of the members of the People’s National Assembly shall be required for the adoption of the Act.
Article 128
The President of the Republic can direct a message to the Parliament.
Article 129
After consulting the President of the People’s National Assembly, the President of the Council of the Nation and the Prime Minister, the President of the Republic can decide on the dissolution of the People’s National Assembly or on anticipated legislative elections.
In both cases legislative elections must take place within a maximum limit of three (3) months.
Article 130
Upon request of the President of the Republic or one of the Presidents of one of the two chambers, the Parliament may initiate a debate on foreign policy.
This debate can be concluded with a resolution of the Parliament meeting in joint session of the two chambers, which shall be communicated to the President of the Republic.
Article 131
Armistice accords, treaties of peace, of alliances and union, treaties relating to the borders of the State as well as treaties concerning the status of person and those which involve expenditures not foreseen in the budget of the State shall be ratified by the President of the Republic after explicit approval by each of the two chambers of Parliament.
Article 132
The treaties ratified by the President of the Republic in the conditions specified by the Constitution shall prevail over Acts of Parliament.
Article 133
The members of Parliament can ask the Government to explain its action on matters of current concern.
The commissions of Parliament may hear the members of the Government.
Article 134
The members of Parliament may address orally or in written form any question to any member of the Government.
The written question must receive a reply in the same form within a maximum period of thirty (30) days.
The oral questions shall require a response in the session.
If one of the two chambers believes that the oral or written response by the member of the Government justifies it, a debate shall be opened in the conditions specified in the rules of procedure of the People’s National Assembly and the Council of the Nation.
The questions and answers are published in accordance with the same conditions as the records of the parliamentary debates.
Article 135
On the occasion of the debate on the general policy declaration, the People’s National Assembly can hold the Government to account by voting a motion of censure.
Such a motion is not admissible unless it is signed by at least a seventh (1/7) of the number of deputies.
Article 136
The motion of censure must be approved by a majority vote of two-thirds (2/3) of the deputies. The vote may only take place three (3) days after the tabling of the motion of censure.
Article 137
When the motion of censure is approved by the People’s National Assembly, the Prime Minister must tender the resignation of his government to the President of the Republic.
CHAPTER III
THE JUDICIAL POWER
Article 138
The judicial authority shall be independent. It shall be exercised within the framework of the law.
Article 139
The judicial authority shall protect society and the liberties. It shall guarantee to all and everyone the protection of their fundamental rights.
Article 140
Justice shall be founded on the principles of legality and equality.
It shall be equal for all and accessible to all, and shall find its expression in respect of the law.
Article 141
Justice shall be rendered in the name of the people.
Article 142
Criminal sanctions shall conform to the principles of legality and personal responsibility.
Article 143
The judiciary shall rule on appeals brought against unlawful measures of the administrative authorities.
Article 144
Judicial decisions shall give reasons and shall be pronounced in public session.
Article 145
All competent organs of the State are required to ensure at all times and in every place and in every circumstance the execution of judicial decisions.
Article 146
Justice shall be rendered by the judges. They can be assisted by people’s assessors under conditions specified by statute.
Article 147
The judge shall obey only the law.
Article 148
The judge shall be protected against all forms of pressures, interventions or maneuver of any nature that could be harmful to the accomplishment of his mission or to the respect for his free judgment.
Article 149
A judge or prosecutor shall be accountable to the High Council of the Judiciary in the forms specified by statute for the manner in which he performs his mission.
Article 150
The law shall protect the parties to judicial proceedings against any abuse or misconduct by the judge.
Article 151
The right to defense shall be recognized.
In criminal matters it shall be guaranteed.
Article 152
The Supreme Court shall be the organ which regulates the activity of the courts and tribunals.
A Conseil d’Etat shall be established as a regulatory body of the activity of the administrative courts.
The Supreme Court and the Conseil d’Etat shall ensure the uniform development of jurisprudence throughout the country and shall oversee the respect for the law.
A Tribunal des Conflits shall be established in order to determine conflicts of jurisdiction between the Supreme Court and the Conseil d’Etat.
Article 153
The organization, the functioning and the other functions of the Supreme Court, the Conseil d’Etat and the Tribunal des Conflits shall be determined by Institutional Act.
Article 154
The High Council of the Judiciary shall be chaired by the President of the Republic.
Article 155
The High Council of the Judiciary decides, in the conditions determined by statute, the appointments, the transfers, and the promotion of judges and prosecutors.
It shall oversee the respect for the provisions on the status of the judiciary and the observance of discipline by judges and prosecutors under the chairmanship of the first President of the Supreme Court.
Article 156
The High Council of the Judiciary shall provide a consultative opinion to the President of the Republic prior to the exercise of the right of pardon.
Article 157
The composition, the functioning and the other attributions of the High Council of the Judiciary shall be determined by Institutional Act.
Article 158
A High Court of State shall be established to review the acts which can be qualified as high treason of the President of the Republic and the crimes and misdemeanors of the Prime Minister which are committed in the exercise of their functions.
The composition, the organization and the functioning of the High Court of State, as well as the applicable procedures, shall be established by Institutional Act.
TITLE III
CONCERNING THE INSTITUTIONS OF CONTROL AND CONSULTATION
CHAPTER I
CONTROL
Article 159
The elected assemblies shall assume the control function in its popular dimension.