Title 2. ORGANISATION OF POWERS
CHAPTER I. The Executive Power
Article 84
The President of the Republic, Head of State, shall embody the unity of the Nation.
He shall be the guarantor of the Constitution.
He shall embody the State within the country and abroad.
He shall reserve the right to address the Nation directly.
Article 85
The President of the Republic shall be elected by universal, direct and secret suffrage.
The election shall be won by an absolute majority of votes cast.
The other terms of the presidential election shall be prescribed by an organic law.
Article 86
The President of the Republic shall exercise the supreme magistracy within the limits defined by the Constitution.
Article 87
To be eligible for the Presidency of the Republic, the candidate shall:
- not have acquired a foreign nationality;
have, solely, the native Algerian nationality and certify the native Algerian nationality of the father and mother; be Muslim; be forty (40) years old on election day; enjoy full civil and political rights; prove the exclusive native Algerian nationality of the spouse; justify a permanent residence only in Algeria for a minimum of ten (10) years preceding the submission of the candidacy; justify his participation in the Revolution of 1 November 1954 for the candidates born before July 1942; justify the non-involvement of the parents of the candidate born after July 1942, in hostile acts against the Revolution of 1st November 1954; submit a public declaration of his movable and immovable property, both inside and outside Algeria.
Other conditions shall be prescribed by an organic law.
Article 88
The presidential term shall be five (5) years.
The President of the Republic may be re-elected once.
Article 89
The President of the Republic shall take an oath before the people and in the presence of the high authorities of the Nation, in the week following his election.
He shall take office after being sworn in.
Article 90
The President of the Republic shall take the Oath in the following terms:
”In the Name of Allah the most Merciful the most 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 Allah the Almighty that I shall 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 freedoms and the fundamental human and citizen’s rights, work relentlessly towards the development and progress of the people and endeavour with all my strength to achieve the great ideals of justice, freedom and peace in the world. And Allah is my witness”.
Article 91
In addition to the powers explicitly conferred upon him by other provisions of the Constitution, the President of the Republic shall have the following powers and prerogatives:
- he shall be the Commander-in-Chief of the Armed Forces of the Republic;
- he shall be responsible for National Defence;
- he shall decide and conduct the foreign policy of the Nation;
- he shall chair the Council of Ministers;
- he shall appoint the Prime Minister, after consultation with the parliamentary majority, and terminate his functions;
- he shall sign the presidential decrees;
- he shall have the right to grant pardons, the right to remission or commutation of punishment;
- he may refer, on any issue of national importance, to the people by means of referendum;
- he shall conclude and ratify international treaties;
- he shall award decorations, distinctions and honorary titles of the State.
Article 92
The President of the Republic shall appoint:
- to posts and mandates provided by the Constitution;
- to civil and military posts of the State;
- to posts decided by the Council of Ministers;
- the First President of the Supreme Court;
- the President of the Council of State;
- the Secretary General of the Government;
- the Governor of the Bank of Algeria;
- the judges;
- the officials of security organs;
- the Walis.
The President of the Republic shall appoint and recall ambassadors and special envoys of the Republic abroad.
He shall receive the letters of credence and recall of foreign diplomatic representatives.
In addition to the functions set out in paragraphs 4 and 5 above, an organic law shall determine the other judicial functions to which the President of the Republic shall appoint.
Article 93
The President of the Republic shall appoint the members of the Government after consultation with the Prime Minister.
The Prime Minister shall coordinate Government action.
The Government shall develop its action plan and present it in the Council of Ministers.
Article 94
The Prime Minister shall submit the action plan of the Government for the approval of the People’s National Assembly. The latter shall hold a general debate for this purpose.
The Prime Minister may, in light of this debate, adapt this action plan in consultation with the President of the Republic.
The Prime Minister shall submit a statement to the Council of the Nation on the action plan of the Government as approved by the People’s National Assembly.
The Council of the Nation may adopt a resolution.
Article 95
In case of non-approval of the action plan of the Government by the People’s National Assembly, the Prime Minister shall tender the resignation of the Government to the President of the Republic.
The latter shall appoint a new Prime Minister pursuant to the same modalities.
Article 96
If the approval of the People’s National Assembly is not obtained, the People’s National Assembly shall be dissolved de jure.
The Government in office shall be kept in position in order to manage daily affairs until a new People’s National Assembly is elected within a maximum period of three (3) months.
Article 97
The Prime Minister shall execute and coordinate the action plan adopted by the People’s National Assembly.
Article 98
The Government shall annually present to the People’s National Assembly, a statement of general policy.
The statement of general policy shall lead to a debate on Government action.
This debate may end up with a resolution.
It can also lead to the filing of a motion of censure by the People’s National Assembly in accordance with the provisions of Articles 153, 154 and 155 below.
The Prime Minister may ask the People’s National Assembly for a vote of confidence.
If the motion of confidence is not passed, the Prime Minister shall tender the resignation of the Government.
In this case, the President of the Republic may, before accepting the resignation, make use of the provisions of Article 147 below.
The Government may also submit a statement of general policy to the Council of the Nation.
Article 99
In addition to the powers explicitly conferred upon him by other provisions of the Constitution, the Prime Minister shall exercise the following functions:
- he shall allocate the functions to the members of the Government in accordance with the constitutional provisions;
- he shall ensure the implementation of laws and regulations;
- he shall chair the meetings of the Government;
- he shall sign the executive decrees;
- he shall appoint employees in State jobs, after the approval of the President of the Republic and without prejudice to the provisions of Articles 91 and 92 above;
- he shall ensure the good functioning of the public administration.
Article 100
The Prime Minister may tender to the President of the Republic the resignation of the Government.
Article 101
The President of the Republic may not, in any case, delegate the power to appoint the Prime Minister, the members of the Government as well as the Presidents and members of constitutional institutions for which no other mode of designation is stipulated by the Constitution.
Similarly, he may not delegate his power to call for referendum, dissolve the People’s National Assembly, decide on anticipated legislative elections and implement the provisions of Articles 91, 92, 105, 107-109, 111, 142, 144, 145 and 146 of the Constitution.
Article 102
When the President of the Republic, because of a serious and lasting illness, is totally unable to perform his functions, the Constitutional Council shall meet de jure and, after having verified the reality of the impediment by all appropriate means, it shall propose, unanimously, to Parliament to declare the state of impediment.
Parliament, convened in a joint session of both Chambers, shall declare the state of impediment of the President of the Republic, by a majority of two thirds (2/3) of its members and assign, as an acting Head of State, for a maximum period of forty-five (45) days, the President of the Council of the Nation who shall exercise his prerogatives in accordance with the provisions of Article 104 of the Constitution.
If the impediment continues at the expiry of the period of forty-five (45) days, there shall be a declaration of vacancy by a resignation de jure, in pursuance to the procedure referred to in the paragraphs above 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 de jure and declare the permanent vacancy of the Presidency of the Republic.
It shall immediately communicate the act of declaration of definitive vacancy to Parliament, which shall meet de jure.
The President of the Council of the Nation shall assume the function of the Head of State for a maximum period of ninety (90) days, during which presidential elections shall be organized.
The Head of State, so designated, may not be a candidate for the Presidency of the Republic.
In case of coincidence of the resignation or death of the President of the Republic with the vacancy of the Presidency of the Council of the Nation, for any reason whatsoever, the Constitutional Council shall meet de jure and declare unanimously the permanent vacancy of the Presidency of the Republic and the incapacity of the President of the Council of the Nation. In this case, the President of the Constitutional Council shall assume the function of the Head of State, in pursuance to the terms provided in the preceding paragraphs of this Article and Article 104 of the Constitution.
He cannot be candidate for the Presidency of the Republic.
Article 103
If a candidacy for the presidential election has been validated by the Constitutional Council, the withdrawal can only occur in cases of serious impediment duly noted by the Constitutional Council or the death of the candidate concerned.
If one of the two candidates for the second round withdraws, the electoral process shall continue without taking the withdrawal into account.
In case of death or legal incapacity of one of the two candidates in the second round, the Constitutional Council shall declare that the whole electoral process must be held again. It shall extend, in this case, the period for the organisation of new elections for a maximum of sixty (60) days.
When applying the provisions of this Article, the President of the Republic in office or who assumes the function of Head of State shall remain in office until the President of the Republic takes the oath.
An organic law shall determine the conditions and modalities of implementation of these provisions.
Article 104
The Government in office at the time of the impediment, death or resignation of the President of the Republic cannot be dismissed or reshuffled until the new President of the Republic undertakes his duties.
If the Prime Minister in office becomes a candidate for the Presidency of the Republic, he shall resign de jure. The function of the Prime Minister shall be assumed by another member of the Government appointed by the Head of State.
During the periods stipulated in Articles 102 and 103 above, the provisions in paragraphs 7 and 8 of Article 91 and Articles 93, 142, 147, 154, 155, 208, 210 and 211 of the Constitution may not be applied.
During these same periods, the provisions of Articles 105, 107, 108, 109 and 111 of the Constitution cannot be implemented without the approval of Parliament, convened in a joint session of both Chambers. The Constitutional Council and the High Council of Security ought to be consulted beforehand.
Article 105
In case of urgent necessity, after convening the High Council of Security, and consulting the President of the Council of the Nation, the President of the People’s National Assembly, the Prime Minister and the President of the Constitutional Council, the President of the Republic shall decree the state of emergency or the state of siege, for a definite period, and take all necessary measures to restore the situation.
The duration of the state of emergency or the state of siege can be extended only after approval of Parliament, convened in joint session of both Chambers.
Article 106
The organisation of the state of emergency and the state of siege shall be defined by an organic law.
Article 107
When 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 exception.
Such a measure shall be taken after consulting the President of the Council of the Nation, the President of the People’s National Assembly and the President of the Constitutional Council, and after hearing the High Council of Security and the Council of Ministers.
The state of exception shall empower the President of the Republic to take exceptional measures that are fundamental to safeguarding the independence of the Nation and the institutions of the Republic.
Parliament shall be convened de jure.
The state of exception shall be terminated according to the same aforementioned forms and procedures that led to its proclamation.
Article 108
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 Council of the Nation and the President of the People’s National Assembly.
Article 109
The President of the Republic shall declare war in case of actual or imminent aggression, in accordance with the relevant provisions of the United Nations Charter, after having convened the Council of Ministers, having heard the High Council of Security and having consulted the President of the Council of the Nation, the President of the People’s National Assembly and the President of the Constitutional Council.
Parliament shall be convened de jure.
The President of the Republic shall deliver a speech to inform the Nation.
Article 110
During the period of the state of war, the Constitution shall be suspended; the President of the Republic shall assume all the powers.
When the mandate of the President of the Republic comes to expiry, it shall be 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 the Nation shall assume, 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 the Nation, the President of the Constitutional Council shall assume the functions of the Head of State within the conditions provided for above.
Article 111
The President of the Republic shall sign armistice agreements and peace treaties.
He shall obtain the opinion of the Constitutional Council on the relevant agreements.
He shall submit the agreements immediately to be approved explicitly by each Chamber of Parliament.
CHAPTER II. The Legislative Power
Article 112
The legislative power shall be exercised by a Parliament, consisting of two Chambers, the People’s National Assembly and the Council of the Nation.
Parliament shall draft and vote the laws in a sovereign manner.
Article 113
Parliament shall monitor the action of the Government within the conditions defined by Articles 94, 98, 151 and 152 of the Constitution.
The monitoring, prescribed in Articles 153 to 155 of the Constitution, shall be carried out by the People’s National Assembly.
Article 114
The parliamentary opposition shall have rights enabling effective participation in parliamentary activities and in political life, including:
- the freedom of opinion, expression and assembly;
- the benefit of financial aid granted to the elected members of Parliament;
- the effective participation in legislative activities;
- the effective participation in monitoring the Government’s action;
- an appropriate representation in the organs of both Chambers of Parliament;
- the referral to the Constitutional Council in accordance with the provisions of Article 187 (paragraphs 2 and 3) of the Constitution, concerning the laws passed by Parliament;
- the participation in parliamentary diplomacy.
Each Chamber of Parliament shall devote a monthly session to discuss an agenda presented by one or some parliamentary groups of the opposition.
The modalities of application of this Article shall be described in the Rules of Procedure of each Chamber of Parliament.
Article 115
Parliament shall, within its constitutional prerogatives, remain faithful to the trust of the people and be permanently aware of their aspirations.
Article 116
The deputy or the member of the Council of the Nation shall be fully devoted to fulfilling his mandate.
The rules of procedure of the People’s National Assembly and the Council of the Nation shall contain provisions on the obligation of effective participation of their members in the works of the committees and plenary sessions, under penalty of sanctions applicable in case of absence.
Article 117
The elected member of the People’s National Assembly or the Council of the Nation, affiliated to a political party, who would voluntarily change the affiliation under the aegis of which he was elected, shall forfeit his electoral mandate as of right.
The Constitutional Council notified by the President of the relevant Chamber shall declare the vacancy of seat. The law shall define the modalities of his replacement.
The deputy, who has resigned from his party or has been excluded, shall retain his mandate as an unaffiliated Member of Parliament.
Article 118
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, with two seats per Wilaya, among members of the People’s Communal Assemblies and members of the People’s Wilaya Assemblies.
One-third (1/3) of the members of the Council of the Nation shall be designated by the President of the Republic among national personalities and qualified experts.
Article 119
The People’s National Assembly shall be elected for a period of five (5) years.
The mandate of the Council of the Nation shall be limited to six (6) years.
Half the members of the Council of the Nation shall be renewed every three (3) years.
The mandate of Parliament cannot be extended unless there are very exceptional circumstances which hinder the normal course of elections.
This situation shall be ascertained by a decision of Parliament, convened in a joint session of both Chambers, at the suggestion of the President of the Republic and having consulted the Constitutional Council.
Article 120
The modalities of the election of deputies and those relating to the election or designation of members of the Council of the Nation, the conditions of eligibility, the clauses of ineligibility and incompatibility as well as the system of parliamentary allowances shall be defined by an organic law.
Article 121
The validation of the mandate of the deputies and that of the members of the Council of the Nation shall be within the respective competence of each of the two Chambers.
Article 122
The mandate of the deputy and the member of the Council of the Nation shall be national. It can be renewed and not concurrent with other mandate or function.
Article 123
The deputy or the member of the Council of the Nation who does not fulfil or no longer meets the requirements of his eligibility shall incur the forfeiture of his mandate.
This forfeiture shall be decided, as appropriate, by the People’s National Assembly or the Council of the Nation by the majority of their members.
Article 124
The deputy or the member of the Council of the Nation shall be accountable to his peers who can revoke his mandate if he commits an act unworthy of his function.
The rules of procedure of each of the two Chambers shall define the conditions of dismissing a deputy or a member of the Council of the Nation. The dismissal shall be decided, as appropriate, by the People’s National Assembly or the Council of the Nation, by the majority of its members without prejudice to any other common law proceedings.
Article 125
The conditions by which Parliament accepts the resignation of one of its members shall be defined by an organic law.
Article 126
Parliamentary immunity shall be granted to deputies and members of the Council of the 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 have expressed, utterances they have made or votes they have cast during the exercise of their mandate.
Article 127
Lawsuits cannot be instituted against a deputy or a member of the Council of the Nation for crime or infringement unless there is an explicit renunciation by the party concerned or an authorisation, depending on the case, from the People’s National Assembly or the Council of the Nation which may decide by the majority of its members to lift the immunity.
Article 128
In case of flagrant offence or flagrant crime, the deputy or the member of the Council of the Nation may be arrested. The Bureau of the People’s National Assembly or of the Council of the Nation, depending on the case, shall be informed immediately.
The informed Bureau may request the suspension of lawsuits and the release of the deputy or the member of the Council of the Nation; then, it shall be proceeded according to the abovementioned provisions of Article 127.
Article 129
An organic law shall define the conditions pertaining to the replacement of a deputy or a member of the Council of the Nation in case his seat becomes vacant.
Article 130
The term of the legislature shall start de jure on the fifteenth (15th) day following the date of announcement of the results by the Constitutional Council, under the chairmanship of the oldest member of the People’s National Assembly, assisted by the two youngest deputies.
The People’s National Assembly shall elect its Bureau and form its Committees.
The abovementioned provisions shall apply to the Council of the Nation.
Article 131
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 each partial renewal of the composition of the Council.
Article 132
The organisation and functioning of the People’s National Assembly and the Council of the Nation, as well as the functional relations between the Chambers of Parliament and the Government shall be defined by an organic law.
The budget of the two Chambers shall be determined by law.
The People’s National Assembly and the Council of the Nation shall draft and adopt their rules of procedure.
Article 133
The sessions of Parliament shall be public.
The proceedings shall be 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 the Nation may sit in camera upon a request made by their presidents, by the majority of their members present or by the Prime Minister.
Article 134
The People’s National Assembly and the Council of the Nation shall set up standing committees within the framework of their rules of procedure.
Each standing committee at each Chamber may establish a temporary fact-finding mission on a specific topic or situation.
The rules of procedure of each Chamber shall define the provisions governing the fact-finding mission.
Article 135
Parliament shall meet in one ordinary session each year, for a minimum period of ten (10) months. This session shall begin on the second working day of the month of September.
So as to complete the ongoing review of an item on the agenda, the Prime Minister may request an extension of the ordinary session for few days.
Parliament may be convened in extraordinary session on the initiative of the President of the Republic.
It may also be summoned by the President of the Republic at the request of the Prime Minister or at the request of two-thirds (2/3) of the members of the People’s National Assembly.
The closure of the extraordinary session shall take place after Parliament has completed the agenda for which it was convened.
Article 136
The Prime Minister, deputies and members of the Council of the Nation shall have the right to initiate laws.
To be admissible, the proposed laws shall be introduced by twenty (20) deputies or twenty (20) members of the Council of the Nation in the matters stipulated in Article 137 below.
Draft laws shall be presented in the Council of Ministers, following the opinion of the Council of State, and then submitted by the Prime Minister, as applicable, to the Bureau of the People’s National Assembly or that of the Council of the Nation.
Article 137
The draft laws relating to the local organisation, the territorial planning and division shall be submitted to the Bureau of the Council of the Nation.
Except for the cases listed in the paragraph above, all other draft laws shall be filed with the Bureau of the People’s National Assembly.
Article 138
Subject to the provisions of paragraph 1 of Article 137 above, any proposed or draft law, to be adopted, shall be debated successively by the People’s National Assembly and the Council of the Nation.
The discussion of the draft laws by the People’s National Assembly shall deal with the text presented to it by the Prime Minister or the text adopted by the Council of the Nation in the matters stipulated in Article 137 above.
The Government shall submit to one of the two Chambers the text voted by the other Chamber. Each Chamber shall debate the text voted by the other Chamber and adopt it.
In all cases, the Council of the Nation shall adopt the text voted by the People’s National Assembly, by a majority of its members present for the draft ordinary laws, or by an absolute majority for the draft organic laws.
Should a disagreement between the two Chambers arise, the Prime Minister shall request the meeting, within a maximum of fifteen (15) days, of a joint committee, composed equally of members of both Chambers, to propose a text pertaining to the disputed provisions. The joint committee shall complete its deliberations within a maximum of fifteen (15) days.
This text shall be submitted by the Government for approval to the two Chambers. No amendment is admissible, except with the consent of the Government.
Should the disagreement between the two Chambers persist, the Government may request the People’s National Assembly to give a final decision. In this case, the People’s National Assembly shall resume the text drafted by the joint committee or, if not, the last text it has voted.
If the Government does not notify the People’s National Assembly in accordance with the preceding paragraph, the text shall be withdrawn.
Parliament shall adopt the finance law within a maximum period of seventy-five (75) days, as from the date of its submission, in accordance with the preceding paragraphs.
Should it not be adopted within the indicated period, the President of the Republic shall promulgate the draft law of the Government by ordinance.
The other procedures shall be defined by the organic law referred to in Article 132 of the Constitution.
Article 139
Any bill that has the purpose or effect of decreasing public resources or increasing public expenditure shall be inadmissible unless it is accompanied by measures which seek to increase the revenues of the State or to achieve savings at least equal in size on other items of public expenditure.
Article 140
Parliament shall legislate on the subject matters assigned to it by the Constitution as well as in the following fields:
- the fundamental rights and duties of individuals, particularly the legal regime of public freedoms, the safeguarding of individual freedoms, and the duties of the citizens;
- the general rules pertaining to personal status and family law and particularly to marriage, divorce, filiation, legal capacity and inheritance;
- the conditions of settlement for individuals;
- basic legislation concerning nationality;
- general rules pertaining to the status of foreigners;
- rules concerning the creation of jurisdictions;
- general rules of criminal law and criminal procedure and particularly the determination of crimes and offences, the institution of the corresponding penalties of any kind, amnesty, extradition and the penitentiary regime;
- the general rules of civil and administrative procedure and the enforcement procedures;
- the system of civil and commercial obligations and property;
- the territorial division of the country;
- the vote on the State budget;
- the introduction of the tax base and tax rates, contributions, duties and fees of every kind;
- the customs system;
- the general regulations concerning the issuing of money, the banking regime, credit and insurance;
- general rules relating to education and scientific research;
- general rules relating to public health and population;
- general rules relating to labour law, social security and the right to organise;
- general rules relating to the environment, living conditions, and town and country planning;
- general rules relating to the protection of the fauna and flora;
- protection and preservation of cultural and historical heritage;
- general regulation for forests and pasture lands;
- general water system;
- general system for mines and hydrocarbons;
- land tenure;
- the fundamental guarantees granted to public officials and the general statute of Public Service;
- the general rules pertaining to National Defence and the mobilisation of the Armed Forces by civil authorities;
- the rules governing the transfer of property from the public to the private sector;
- the establishment of categories of legal entities;
- the creation of decorations, distinctions and honorific titles of the State.
Article 141
In addition to the domains earmarked by the Constitution for regulation by organic law, the following domains shall be subject to regulation by organic law:
- the organisation and functioning of public authorities;
the electoral system; law on Political Parties; law on Information; the status of the magistracy and the judicial organisation; the framework law on Finance Laws.
The organic law shall be adopted by an absolute majority of the deputies and the members of the Council of the Nation.
It shall be submitted to the Constitutional Council to ascertain its conformity prior to its promulgation.
Article 142
In case the People’s National Assembly is in recess, or vacant between parliamentary sessions, the President of the Republic may legislate on urgent matters by ordinance, after consultation with the Council of State.
The President of the Republic shall submit the texts he adopts for ratification to each of the Chambers of Parliament at their next session.
Ordinances not adopted by Parliament shall be null and void.
In case of a state of emergency defined in Article 107 of the Constitution, the President of the Republic may legislate by ordinances.
The ordinances shall be passed in the Council of Ministers.
Article 143
Matters other than those earmarked for 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 field of the Prime Minister.
Article 144
The law shall be promulgated by the President of the Republic within thirty (30) days of the date of its transmittal.
However, when a law has been submitted to the Constitutional Council prior to its promulgation by one of the authorities referred to in Article 187 below, this time limit shall be suspended until the Constitutional Council gives its ruling according to the conditions specified in Article 189 below.
Article 145
The President of the Republic may request a second reading of a law voted by Parliament within thirty (30) days following its adoption.
In that case, a majority of two-thirds (2/3) of the deputies of the People’s National Assembly and members of the Council of the Nation shall be required for the adoption of the law.
Article 146
The President of the Republic may communicate a message to Parliament.
Article 147
After consulting the President of the Council of the Nation, the President of the People’s National Assembly, the President of the Constitutional Council and the Prime Minister, the President of the Republic may decide on the dissolution of the People’s National Assembly or on anticipated legislative elections.
In both cases, legislative elections shall take place within a maximum limit of three (3) months.
Article 148
Upon request of the President of the Republic or one of the Presidents of one of the two Chambers, Parliament may initiate a debate on foreign policy.
This debate shall be concluded, if need be, with a resolution of Parliament meeting in joint session of the two Chambers, which shall be communicated to the President of the Republic.
Article 149
Armistice agreements, treaties of peace, alliance and union, treaties relating to the borders of the State as well as treaties concerning the status of persons and those which involve expenditures unforeseen in the budget of the State, bilateral and multilateral agreements pertaining to free trade zones and economic associations and integrations shall be ratified by the President of the Republic after explicit approval by each of the two Chambers of Parliament.
Article 150
The treaties ratified by the President of the Republic in the conditions specified by the Constitution shall prevail over Acts of Parliament.
Article 151
Members of Parliament may demand from the Government explanations related to current issues. The reply shall be given within a maximum limit of thirty (30) days.
Parliament Committees may hear the members of the Government.
Article 152
Members of Parliament may address orally or in written form any question to any member of the Government.
The written question shall receive a reply in the same form within a maximum period of thirty (30) days.
The response to oral questions shall not exceed thirty (30) days.
The People’s National Assembly and the Council of the Nation shall hold, alternatively, a weekly session dedicated to the responses of the Government to oral questions raised by deputies and members of the Council of the Nation.
If one of the two Chambers believes that the oral or written response from a member of the Government warrants a debate, this latter shall be ensued 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 per the records of the parliamentary debates.
Article 153
During the debate on general policy statement, the People’s National Assembly can hold the Government to account by voting a motion of censure.
Such a motion shall be rejected unless it is signed by at least a seventh (1/7) of the number of deputies.
Article 154
The motion of censure shall 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 155
When the motion of censure is approved by the People’s National Assembly, the Prime Minister shall tender the resignation of the Government to the President of the Republic.
CHAPTER III. The Judicial Power
Article 156
The judicial power shall be independent. It shall be exercised within the framework of the law. The President of the Republic shall be the guarantor of the independence of the judiciary.
Article 157
The judicial power shall protect society and freedoms.
It shall guarantee to all and sundry the protection of their fundamental rights.
Article 158
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 the respect of the law.
Article 159
Justice shall be rendered in the name of the people.
Article 160
Criminal sanctions shall conform to the principles of legality and personality.
The law shall guarantee the two-stage procedure in criminal matters and determine the modalities of its implementation.
Article 161
The judiciary shall rule on appeals brought against decisions of the administrative authorities.
Article 162
Judicial decisions shall give reasons and shall be pronounced in public hearings.
Judicial orders shall be reasoned.
Article 163
All competent organs of the State shall be required to ensure at all times and in every place and in every circumstance the execution of judicial decisions.
Any hindrance of the judicial decisions’ execution shall be punishable by law.
Article 164
Justice shall be rendered by the judges.
They may be assisted by people’s assessors under conditions specified by law.
Article 165
The judge shall only obey the law.
Article 166
The judge shall be protected against all forms of pressures, interventions or manoeuvres of any nature that could be harmful to the fulfilment of his duty or to the respect for his free judgment.
Any intervention in the course of justice shall be prohibited.
The judge shall guard against any attitude likely to affect his impartiality.
The sitting judge shall be irremovable under the conditions set by the status of the magistracy.
An organic law shall determine the modalities of implementing this Article.
Article 167
A judge shall be held accountable to the High Council of Magistracy in the forms specified by law for the manner in which he fulfils his duty.
Article 168
The law shall protect the litigant against any abuse or misconduct perpetrated by the judge.
Article 169
The right to defence shall be acknowledged.
It shall be guaranteed in criminal matters.
Article 170
The lawyer shall be granted legal guarantees that ensure his protection against any form of pressure and allow him to exercise his profession within the framework of the law.
Article 171
The Supreme Court shall be the organ regulating the activity of the courts and tribunals.
The Council of State shall act as an organ regulating the activity of the administrative courts.
The Supreme Court and the Council of State shall ensure the standardisation of jurisprudence across the country and shall oversee the adherence to the law.
The Court of Jurisdictional Conflicts shall determine the conflicts of jurisdiction between ordinary courts and administrative courts.
Article 172
The organisation, functioning and other powers of the Supreme Court, the Council of State and the Court of Jurisdictional Conflicts shall be determined by an organic law.
Article 173
The High Council of Magistracy shall be chaired by the President of the Republic.
Article 174
The High Council of Magistracy shall decide on, in the conditions determined by law, the appointments, transfers, and career development of the judges.
It shall oversee the respect for the provisions on the status of the magistracy and the observance of discipline by the magistrates under the chairmanship of the First President of the Supreme Court.
Article 175
The High Council of Magistracy shall provide a consultative opinion to the President of the Republic prior to exercising the power to pardon.
Article 176
The composition, functioning and other attributions of the High Council of Magistracy shall be determined by an organic law.
The High Council of Magistracy shall be granted administrative and financial autonomy. The organic law shall determine its modalities.
Article 177
A High Court of State shall be established to review acts which can be qualified as high treason by the President of the Republic, and crimes and offences by the Prime Minister, perpetrated as they exercise their functions.
The composition, organisation and functioning of the High Court of State, as well as the applicable procedures, shall be established by an organic law.
