Art. 70 - The President of the Republic,
Head of the State, embodies the unity of the Nation.
He is the guarantor of the Constitution.
He embodies the State within the country and
abroad.
He addresses the Nation directly.
Art. 71 - The President of the Republic is
elected by direct, secret and universal suffrage.
The election acquired through the absolute
majority of the expressed votes.
The other modes of presidential election are
defined by the law.
Art. 72 - The President of the Republic exercises the supreme magistracy within the limits defined by the Constitution.
Art. 73 - To be eligible to the Presidency of the Republic, the candidate should:
Other conditions are prescribed by the law.
Art. 74 - The duration of the presidential
mandate is five (5) years.
The President of the Republic can be reelected once only.
Art. 75 - The President of the Republic
takes an oath before the People and in the presence of the high
authorities of the Nation, in the week following his election.
He enters into of lice after taking the Oath.
Art. 76 - The President of the Republic
takes the Oath in the following terms:
" In the Name of God the Merciful and
the Compassionate
Faithful to the great sacrifices and to the
memory of our martyrs as well as to the ideals of the eternal
November Revolution. I do solemnly swear by God the almighty that
I will respect and glorify the Islamic religion, defend the
Constitution, see to the continuity of the State and provide the
necessary conditions for the normal functioning of the
reinforcement of the democratic process, respect the free choice
of the people as well as the institutions and laws of the
Republic, preserve the integrity of the national territory, the
unity of the people and the nation, protect the fundamental human
and citizen's rights and liberties, work for the development and
progress of the people and put all my strength to the achievement
of the great ideals of justice, freedom and peace in the world.
God is my witness"
Art. 77 - In addition to the powers bestowed, explicitly, upon him by other provisions of the Constitution the President of the Republic has the following powers and prerogatives:
1 - he is the Supreme Chief of all the
Armed Forces of the Republic;
2 - he is responsible for the National Defense;
3 - he decides and conducts the foreign policy of the Nation;
4 - he presides the Cabinet;
5 - he appoints the Head of Government and puts an end to his
functions;
6 - he signs the presidential decrees;
7 - he has the right of pardon, remission or commutation of
punishment;
8 - he can refer to the People through a referendum on any issue
of national importance;
9 - he concludes and ratifies international treaties;
10 - he awards State medals, decorations and honorific titles.
Art. 78 - The President of the Republic appoints:
1 - to posts and mandates provided by the
Constitution:
2 - to State civil and military posts;
3 - to nominations decided in the Cabinet;
4 - the President of the Council of State;
5 - the Secretary General of the Government;
6- the Governor of the Bank of Algeria;
7 - the Magistrates;
8 - high officials of security bodies;
9 - the "walis".
The President of the Republic appoints and recalls the ambassadors and the special envoys of the Republic abroad. He receives the credentials and the letters of recall of foreign diplomatic representatives.
Art. 79 - The Head of Government presents the members of the Government he chose to the President of the Republic who appoints them.
The Head of Government establishes a program and submits it to the Cabinet.
Art. 80 - The Head of Government submits his program for approval to the People's National Assembly. This latter opens, for this purpose, a general debate.
The Head of Government may adapt his program in the light of this debate.
The Head of Government addresses a communication on his program to the Council of Nation.
The Council of Nation may issue a resolution.
Art. 81- In case of non approval of his program by the People's National Assembly, the Head of Government presents the resignation of his Government to the President of the Republic.
This latter appoints again a Head of Government in accordance with the same modes.
Art. 82 - If the People's National Assembly's approval is not obtained, the People's National Assembly is dissolved de jure.
The Government in office is kept in position in order to manage daily affairs until the election of a new People's National Assembly within a maximum period of three (3) months.
Art. 83 - The Head of Government executes and coordinates the program adopted by the People's National Assembly.
Art. 84 - The Government presents each year a general policy declaration to the People's National Assembly.
The general policy declaration is followed by a debate on the action of the Government.
This debate may end up with a resolution.
It may also lead the People's National Assembly to bring in a vote of censure, in accordance with the provisions of articles 135, 136 and 137 under mentioned.
The Head of Government may ask the People's National Assembly a vote of confidence. If the motion of confidence is not voted, the Head of Government presents the resignation of his Government.
In this case, the President of the Republic may, before accepting the resignation, use the provisions of article 129 under mentioned.
The Government may also present a general policy declaration to the Council of Nation.
Art. 85 - In addition to the powers bestowed upon him explicitly by other provisions of the Constitution, the Head of Government exercises the following functions:
Art. 86 - The Head of Government may present to the President of the Republic the resignation of his Government.
Art. 87 - The President of the Republic
cannot, in any cases, delegate the power to appoint the Head of
Government, the members of the Government, as well as the
presidents and members of constitutional institutions for whom
another mode of designation is not provided by the Constitution.
Moreover, he cannot delegate his power to resort to referendum,
to dissolve the People's National Assembly, to decide on
anticipated legislative elections, to implement the provisions of
articles 77, 78, 91, 93 to 95, 97, 124, 127 and 128 of the
Constitution.
Article 88 - If the President of the
Republic, because of serious and long-lasting illness, happens to
be in the impossibility to carry out his functions, the
Constitutional Council meets de jure, and after having verified
the reality of the impediment by the appropriate means, proposes,
unanimously, to the Parliament to declare the state of
impediment.
The Parliament sitting, in both chambers convened together,
declares the state of impediment of the President of the
Republic, with a majority of two-thirds (2/3) of its members and
charges the President of the Council of Nation, to stand for the
Head of State by interim for a maximum period of forty five (45)
days and carry out his prerogatives in accordance with the
provisions of Article 90 of the Constitution.
If the impediment continues at the expiry of the forty- five (45)
days period, a declaration of vacancy by resignation de jure is
made in accordance with the procedure mentioned in the above
paragraphs and the provisions of the following paragraph of the
present Article.
In case of resignation or death of the President of the Republic,
the Constitutional Council meets de jure and ascertains the
permanent vacancy of the Presidency of the Republic.
It, immediately, communicates the permanent vacancy declaration
act to the Parliament which meets de jure.
The President of the Council of Nation assumes the charge of Head
of State for a maximum period of sixty (60) days, during which
presidential elections are organized.
The Head of State, thus designated, cannot be candidate to the
Presidency of the Republic.
In case the resignation or the death of the President of the
Republic comes in conjunction with the vacancy of the Presidency
of the Council of Nation whatever the cause may be, the
Constitutional council meets de jure and ascertain, unanimously,
the permanent vacancy of the Presidency of the Republic and the
impediment of the President of the Council of Nation. In this
case, the President of the Constitutional Council assumes the
function of the Head of State in accordance with the conditions
defined in the preceding paragraphs of the present Article and
Article 90 of the Constitution. He cannot be candidate for the
Presidency of the Republic.
Article 89 - When one of the candidates of
the second round of the presidential elections dies, withdraws or
is hindered for any reason, the President of the Republic in
office or who assumes the function of Head of State remains in of
lice until the proclamation of the election of the President of
the Republic.
In this case, the Constitutional Council extends the period of
organizing the election for a maximum period of sixty (60) days.
The organic law will determine the conditions and modes of
implementing the present provisions.
Article 90 - The Government in office at
the time of the impediment, the death or the resignation of the
President of the Republic cannot be resigned or re shuffled until
the new President of the Republic comes into office.
In the case the Head of Government in office, is candidate for
the Presidency of the Republic, he resigns de jure. The function
of Head of Government is assumed by a member of the Government
appointed by the Head of State.
During the periods of forty five (45) days and sixty (60) days
provided for by Articles 88 and 89, the provisions in the
paragraphs 7 and 8 of Article 77 and the Articles 79, 124, 129,
136, 137, 174, 176, 177 of the Constitution cannot be
implemented.
During these same periods, the provisions of Articles 91, 93, 94,
95, 97 of the Constitution cannot be implemented unless the
Parliament sitting in both cambers convened together gives its
approval, the Constitutional Council and the High Security
Council referred to before.
Article 91 - In case of urgent necessity,
the High Security Council convened, the President of the People's
National Assembly, the President of the Council of Nation, the
Head of Government and the President of the Republic decrees the
state of emergency or the stat of siege, for a definite period
and takes all the necessary measures to restore the situation.
The duration of the state of emergency or the state of siege
cannot be extended unless with the approval of the parliament
sitting in both chambers convened together.
Art 92 - The organization of the state of emergency and the sate of siege is defined by an organic law.
Article 93 - When the country is
threatened by an impending danger to its institutions, to its
independence or to its territorial integrity, the President of
the Republic decrees the state of exception.
Such a measure is taken after referring to the President of the
People's National Assembly, the President of the Council of
Nation and the Constitutional Council, and hearing the High
Security Council and the Cabinet.
The state of exception entitles the President of the Republic to
take exceptional measures dictated by the safeguard of the
independence of the Nation and the institutions of the Republic.
The Parliament meets de jure. The state of exception mentioned
above and which led to its proclamation.
Art 94 - The High Security Council heard, the President of the People's National Assembly and the President of the Council of Nation referred to, the President of the Republic decrees the general mobilization during the meeting of the Cabinet.
Article 95 - The Cabinet met, the High
Security Council heard, the President of the People's National
Assembly and the President of the Council of Nation referred to,
the President of the Republic declares war in case of effective
or impending aggression in accordance with the relevant
provisions of the United Nations Charter.
The parliament meets de jure. The President of the Republic
addresses a message informing the Nation.
Article 96 - During the period of the
state of war, the Constitution is suspended, the President of the
Republic assumes all the powers.
When the mandate of the President of the Republic comes to
expiry, it is extended de jure until the end of the war.
In case the President of the Republic resigns or dies or any
other impediment, the President of the Council of Nation assumes,
as Head of State and within the same conditions as that of the
President of the Republic, all the prerogatives required by the
state of war. In case there is a conjunction of the vacancy of
the Presidency of the Republic and the Presidency of the Council
of Nation, the President of the Constitutional Council assumes,
the function of the Head of State within the conditions provided
for above.
Article 97 - The President of the Republic
signs armistice agreements and peace treaties.
He receives the opinion of the Constitutional Council on the
relevant agreements. He submits the latter immediately to be
approved explicitly by each of the two chambers of the
Parliament.
Article 98 - The legislative power is exercised by a parliament, consisting of two chambers, the People's National Assembly and the Council of Nation. The Parliament is sovereign to elaborate and vote the law.
Article 99 - The parliament controls the
action of the Government within the conditions defined by
Articles 80, 84, 133 and 134 of the Constitution.
The control, provided for in Articles 135 to 137 of the
Constitution, is carried out by the People's National Assembly.
Article 100 - The Parliament should, within its constitutional attributions, remain faithful tot he trust of the people and be permanently aware of their aspirations.
Art. 101 - The members of the People's
National Assembly are elected by means of a universal direct and
secret suffrage.
Two thirds (2/3) of the members of the
Council of Nation are elected by means of indirect and secret
suffrage among and by the members of the People's Communal
Assemblies and the People's Wilaya Assemblies.
One third (1/3) of the members of the Council
of Nation is designated by the President of the Republic among
the national personalities and qualified persons in the
scientific, cultural, professional, economic and social fields.
The number of members of the Council of
Nation is equal to the half, to the utmost, of the members of the
People's National Assembly. The modes
of implementing paragraph 2 above mentioned are defined by the
law.
Art. 102 - The People's National Assembly
is elected for a period of five (05) years.
The mandate of the Council of Nation is
limited to six (06) years.
Half the members of the Council of Nation is
renewed every three (03) years.
The mandate of the Parliament cannot be
extended unless there are very exceptional circumstances which
hinder the normal progress of elections.
This situation is ascertained by a decision
of the Parliament, sitting in both chambers convened together,
following a proposal of the President of the Republic and the
Constitutional Council referred to.
Art. 103 - The modes for the election of deputies and those concerning the election or the appointment of members of the Council of Nation, the conditions of eligibility, the rules of ineligibility and incompatibility are defined by an organic law.
Art. 104 - The validation of the mandate of the deputies and that of the members of the Council of Nation comes within the respective competence of each of the two chambers.
Art. 105 - The mandate of the deputy and the member of the Council of Nation is national. It can be renewed and not concurrent with other mandate or function.
Art. 106 - The deputy or the member of the Council of Nation who does not fulfill or does not fulfill any more the conditions of his eligibility incurs the forfeiture of his mandate.
This forfeiture is decided according to the case by the People's National Assembly or the Council of Nation by the majority of their members.
Art. 107 - The deputy or the member of the
Council of Nation commits himself before his peers who can revoke
his mandate if he commits a shameful action for his mission.
The internal rules of each of the two chambers define the
conditions of excluding a deputy or a member of the Council of
Nation. The exclusion is decided according to the case by the
People's National Assembly or the Council of Nation, by the
majority of its members without prejudice to any other common law
lawsuits.
Art. 108 - The conditions by which the Parliament accepts the resignation of one of its members are defined by an organic law.
Art. 109 - Parliamentary immunity is
recognized to deputies and members of the Council of Nation
during the period of their mandate.
They cannot be subject to lawsuits, arrest, or in general, to any
civil or penal action or pressure because of opinions they
expressed, utterances they maple or votes they gave during the
exercise of their mandate.
Art. 110 - Lawsuits cannot be instituted against a deputy or a member of the Council of Nation for crime or infringement unless there is an explicit renunciation of the concerned or an authorization according to the case from the People's National Assembly or the Council of Nation which decides by the majority of its members to lift the immunity.
Art. 111 - In case of flagrant
infringement or flagrant crime, the deputy or the member of the
Council of Nation may be arrested. The bureau of the People's
National Assembly or of the Council of Nation, depending on the
case, is informed immediately.
The informed bureau may ask the suspension of lawsuits and the
liberation of the deputy or the member of the Council of Nation;
it will then be proceeded according to the provisions of article
110 above mentioned.
Art. 112 - An organic law defines the conditions for the replacement of a deputy or a member of the Council of Nation in case there is vacancy of his seat.
Art. 113 - The term of the legislative
body begins de jure the tenth day following the date of the
election of the People's National Assembly, under the
chairmanship of the oldest member assisted by the two youngest
deputes.
The People's National Assembly elects its bureau and forms its
committees.
The above mentioned provisions are applied to the Council of
Nation.
Art. 114 - The President of the People's
Assembly is elected for the term of the legislative body.
The President of the Council of Nation is elected after each
partial renewal of the members of the Council.
Art. 115 - The organization and the
functioning of the People's National Assembly and the Council of
Nation as well as the functional relations between the chambers
of the Parliament and the Government are defined by an organic
law.
The budget of the chambers as well as the salaries of the
deputies and the members of the Council of Nation are defined by
the law.
The People's National Assembly and the Council of Nation
elaborate and adopt their internal rules.
Art. 116 - The sittings of the Parliament
are public.
The proceedings are recorded in a book and published in
accordance with the conditions defined by an organic law.
The People's National Assembly and the Council of Nation may sit
in camera upon a request made by their presidents, by the
majority of their members present or by the Head of Government.
Art. 117 - The People's National Assembly and the Council of Nation set up permanent committees in the framework of their internal rules.
Art. 118 - The Parliament meets in two
ordinary sessions a year, each lasting a minimum period of four
(04) months.
The Parliament may hold a meeting in an extraordinary session on
the initiative of the President of the Republic.
The President of the Republic can hold a meeting of the
Parliament on a request made by the Head of Government or by the
two thirds (2/3) of the members of the People's National
Assembly.
The closure of the extraordinary session comes after the
Parliament has exhausted the agenda for which it was convened.
Art. 119 - The Head of Government and the
deputes have the right to initiate laws.
To be admissible, proposed laws are brought in by twenty (20)
deputes.
Draft laws are presented in the Cabinet following the opinion of
the Council of State then submitted to the bureau of the People's
National Assembly by the Head of Government.
Art. 120 - To be adopted, any draft law or
law proposal should be debated successively by the People's
National Assembly and the Council of Nation.
The discussion of draft laws or law proposals by the People's
National Assembly concerns the text which is presented to it.
The Council of Nation deliberates the text voted by the People's
National Assembly and adopts it by the majority of three quarters
(3/4) of its members.
In case there is a disagreement between the two chambers, a
committee of equal representation of the two chambers meets on a
request of the Head of Government to propose a text on the
provisions subject of the disagreement.
This text is submitted by the Head of Government to be adopted by
the two chambers and cannot be amended unless with the agreement
of the Government.
In case the disagreement persists, the text is withdrawn.
The Parliament adopts the financial law within a period of
seventy five-(75) days at the utmost from the date it was
submitted in accordance with the preceding paragraphs.
In case it was not adopted in the time limit the President of the
Republic promulgates the draft text of the Government by
ordinance.
Other procedures are defined by the organic law mentioned in
article 115 of the Constitution.
Art. 121 - Is inadmissible any law proposal which leads to or the subject of which is to reduce public resources or increase public expenses unless it is accompanied by measures aiming at increasing the State income or making, at least, corresponding savings in other items of public expenses.
Art. 122 - The Parliament legislates in the domains which the Constitution assigned to it, as well as the following domains:
Art. 123 - In addition to the domains intended to the organic laws by the Constitution, the Parliament legislates through organic laws in the following fields:
The organic law is adopted by the absolute
majority of the deputies and the majority of three quarters (3/4)
of the members of the Council of Nation.
It is submitted to the Constitutional Council for a conformity
control before its promulgation.
Art. 124 - The President of the Republic
can legislate by ordinance in case there is a vacancy of the
People's National Assembly or in the inter sessions periods of
the Parliament.
The President of the Republic submits the texts he enacted to be
approved by each of the two chambers of the Parliament in its
next session.
The ordinances not adopted by the Parliament are void.
The President of the Republic may
legislate by ordinance in case of a state of exception defined by
article 93 of the Constitution.
The ordinances are taken in a meeting of the Cabinet.
Art. 125 - The President of the Republic
exercises the powers pertaining to regulations for matters other
than those intended to the law.
The implementation of laws is the domain of the Head of
Government.
Art. 126 - The law is promulgated by the
President of the Republic within thirty (30) days from the date
of handing it over.
However, when the Constitutional Council is called upon by one of
the authorities mentioned in article 166 under mentioned, before
the promulgation of the law, this time limit is suspended until
the Constitutional Council expresses its opinion is accordance
with the conditions defined by article 167 under mentioned.
Art. 127 - The President of the Republic
may request a second reading of the voted law within thirty (30)
days following its adoption.
In this case, the majority of two third (2/3) of the deputies of
the People's National Assembly is required for the law to be
adopted.
Art. 128 - The President of the Republic may address a message to the Parliament.
Art. 129 - The President of the People's
National Assembly, the President of the Council of Nation, the
Head of Government, referred to, the President of the Republic
may decide the dissolution of the People's National Assembly or
the Organization of anticipated general elections.
In the two cases, general elections are held within a maximum
time limit of three (03) months.
Art. 130 - The Parliament may open a
debate on foreign policy upon a request made by the President of
the Republic or one of the presidents of the two chambers.
The debate may end up, in that case, with a resolution, of the
Parliament sitting in both chambers convened together, which will
be sent to the President of the Republic.
Art. 131- Armistice agreements, peace, alliance and union treaties, treaties related to State borders as well as treaties involving expenses not provided for in the State budget are ratified by the President of the Republic following an explicit approval by each of the chambers of the Parliament.
Art. 132 - Treaties ratified by the President of the Republic in accordance with the conditions provided for by the Constitution are superior to the law.
Art. 133 - Members of the Parliament may
call upon the Government on a topical issue.
The committees of the Parliament may hear the members of
Government.
Art. 134 - Members of the Parliament may
address orally or in a written form any question to any member of
the Government.
Answers to written questions should be in written form within a
maximum time limit of thirty (30) days.
Answers to oral questions are given in session.
If one of the two chambers considers that oral or written answers
of a member of the Government justifies a debate, this latter is
opened in accordance with the conditions provided for by the
rules of procedure of People's National Assembly and the Council
of Nation.
The questions and answers are published in accordance with the
same conditions as those of the minute of proceedings of the
Parliament's debates.
Art. 135 - In debating the general policy
declaration, the People's National Assembly may sue the
Government's responsibility through voting a motion of censure.
Such a motion is admissible only if it was signed by, at least,
one seventh (1/7) of the number of deputes.
Art. 136 - The motion of censure should be
approved by the majority of two third (2/3) of the deputies.
The vote occurs only three days after the motion of censure is
brought in.
Art. 137 - If the motion of censure is adopted by the People's National Assembly, the Head of Government submits the resignation of his Government to the President of the Republic.
Art. 138 - The judicial power is independent. It is exercised within the framework of the law.
Art. 139 - The judicial power protects the society and the liberties. It guarantees, to all and to everyone, the safeguard of their fundamental rights.
Art. 140 - Justice is founded on the
principles of lawfulness and equality.
It is the same for all, accessible for all and is expressed by
the respect of the law.
Art. 141 - Justice dispensed on behalf of the People.
Art. 142 - Punishments should comply with the principles of lawfulness and individuality.
Art. 143 - Justice deals with appeals against and administrative authorities decisions.
Art. 144 - Justice decisions are justified and pronounced in public hearing.
Art. 145 - All the qualified State bodies should ensure, at any time, in any place and in any circumstances, the execution of justice decisions.
Art. 146 - Justice is pronounced by magistrates. They can be assisted by People's assessors in accordance with the conditions defined by the law.
Art. 147 - The judge obeys to the law only.
Art. 148 - The judge is protected against any foam of pressure, interventions or maneuvers which prejudice his mission or the respect of his free will.
Art. 149 - The magistrate is answerable before the High Council of Magistracy and within the foams prescribed by the law on the way he accomplishes his task.
Art. 150 - The law protects the justiciable against any abuse or deviation the judge.
Art. 151 - The right for defense is
recognized.
In penal matters, it is guaranteed.
Art. 152 - The High Court is the
regulating body of the activities of the courts and tribunals.
A Council of State is instituted as a regulating body of
activities of the administrative jurisdictions.
The High Court and the Council of State are responsible for the
unification of jurisprudence throughout the country and see to
the respect of the law.
A Tribunal of Conflicts is instituted to settle conflicts of
competency between the High Court and the Council of State.
Art. 153 - The organization, the functioning and other attributions of the High Court, the Council of State and the Tribunals of Conflicts are defined by an organic law.
Art. 154 - The High Council of Magistracy is presided by the President of the Republic.
Art. 155 - The High Council of Magistracy
decides, within the conditions defined by the law, the
appointment, transfer and the progress of the magistrate's
careers.
It sees to the respect of the provisions provided for the statute
of the magistracy and of the control of discipline under the
chairmanship of the First President of the High Court.
Art. 156 - The High Council of Magistracy gives a prior consultative opinion to the exercise of the right of free pardon by the President of the Republic.
Art. 157 - The composition, the functioning and the other prerogatives of the High Council of Magistracy are defined by an organic law.
Art. 158 - A High Court of State is
instituted to deal with actions that can be qualified of high
treason committed by the President of the Republic, with crimes
and infringements committed by the Head of Government during
their of office.
The composition, the organization and the functioning of the High
Court of State as well as the procedures of implementation are
defined by an organic law.
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