Title 3. SUPERVISION, ELECTIONS OBSERVATION AND CONSULTATIVE INSTITUTIONS
CHAPTER I. Supervision
Article 178
The elected assemblies shall assume the supervisory role in its popular dimension.
Article 179
The Government shall give an account to each Parliament Chamber on the use of budgetary funds for which it has voted on each budgetary period.
The financial year shall be closed, as far as Parliament is concerned, by the vote of each Chamber for an Act pertaining to settling the balance sheet of the year under consideration.
Article 180
Each of the two Chambers of Parliament may, at any time, establish, within the framework of its powers, a commission of inquiry on any matter of public interest.
A commission of inquiry cannot be established on the grounds of facts that are subject to judicial investigation.
Article 181
The institutions and organs of control shall have the task of verifying the conformity of the legislative and executive action(s) with the Constitution and of verifying the conditions of the use and management of material means and public funds.
Article 182
The Constitutional Council is an independent institution in charge of monitoring the observance of the Constitution.
The Constitutional Council shall monitor, among other matters, the proper conduct of referendum operations, of the election of the President of the Republic and of legislative elections.
It shall review, in their substance, the appeals it receives on the provisional results of the presidential and legislative elections and shall announce the final results of all the operations provided in the preceding paragraph.
The Constitutional Council shall have administrative and financial autonomy.
Article 183
The Constitutional Council shall consist of twelve (12) members: four (4) shall be appointed by the President of the Republic, including the President of the Council and the Vice-President, two (2) shall be elected by the People’s National Assembly, two (2) shall be elected by the Council of the Nation, two (2) shall be elected by the Supreme Court, and two (2) shall be elected by the Council of State.
In the case of a tie between the members of the Constitutional Council, the President of the Council shall have the casting vote.
As soon as they are elected or designated, the members of the Constitutional Council shall cease any other mandate, function, task or mission, as well as any other liberal activity or profession.
The President of the Republic shall appoint the President and Vice-President of the Constitutional Council for a single eight-year (8) term.
The other members of the Constitutional Council shall serve a single term of eight (8) years; the membership of the Council shall be renewed by one-half (1/2) every four (4) years.
Before taking office, the members of the Constitutional Council shall be sworn in before the President of the Republic in the terms set out below:
“I swear by Allah The Almighty, to carry out my duty with integrity and impartiality, to safeguard the confidentiality of the deliberations and to refrain from publicly taking positions in any of the cases that fall under the jurisdiction of the Constitutional Council.”
Article 184
The elected or designated members of the Constitutional Council shall:
- be aged forty (40) on the day of their appointment or election.
have a professional experience of no less than fifteen (15) years in the higher education of legal sciences, in magistracy and as a lawyer at the Supreme Court, at the Council of State or in one of the State’s higher positions.
Article 185
During their mandate, the President, Vice-President and the members of the Constitutional Council shall be granted jurisdictional immunity in criminal matters.
They shall not be subject to legal actions, arrest for any felony or offence, unless the concerned person expressly waivers his immunity or upon an authorisation from the Constitutional Council.
Article 186
Aside from the other functions which are expressly conferred upon it by other provisions of the Constitution, the Constitutional Council shall rule on the constitutionality of treaties, laws and regulations by an opinion.
Upon request by the President of the Republic, the Constitutional Council shall issue a binding opinion on the constitutionality of the organic laws after their adoption by Parliament.
The Constitutional Council shall also rule in the same form, as specified in the preceding paragraph, on the conformity of the rules of procedure of each Chamber of Parliament with the Constitution.
Article 187
The Constitutional Council may be referred to by the President of the Republic, the President of the Council of the Nation, the President of the People’s National Assembly or the Prime Minister.
It may also be referred to by fifty (50) deputies or thirty (30) members of the Council of the Nation.
The referral to the Constitutional Council specified in the two preceding paragraphs shall not apply to a referral on the exception of unconstitutionality stipulated by Article 188 below.
Article 188
The Constitutional Council may be referred to with regard to an exception of unconstitutionality pursuant to a request by the Supreme Court or the Council of State when one of the parties in a trial claims before the jurisdiction that the legislative provision upon which the issue of litigation relies may adversely affect the rights and freedoms granted by the Constitution.
The conditions and modalities of implementing the paragraph above shall be determined by an organic law.
Article 189
The Constitutional Council shall deliberate in camera and give its opinion or decision within thirty (30) days after a matter has been submitted to it. In an emergency situation, and upon request from the President of the Republic, the deadline shall be shortened to ten (10) days.
When the Constitutional Council is summoned to rule on the basis of Article 188 above, it shall deliver a decision within the four (4) months following the referral date. This deadline might be extended only once for no more than four (4) months, pursuant to a reasoned decision of the Council notified to the jurisdiction that has requested the referral.
The Constitutional Council shall establish its rules of procedure.
Article 190
When the Constitutional Council rules that a treaty, agreement or convention is unconstitutional, it shall not be ratified.
Article 191
When the Constitutional Council rules that a legislative or regulatory provision is unconstitutional, it ceases to be effective from the day of the decision of the Council.
When a legislative provision is ruled unconstitutional based on Article 188 above, it ceases to be effective from the day fixed by the decision of the Constitutional Council.
The opinions and decisions of the Constitutional Council are irrevocable. They shall be binding upon all public authorities as well as the administrative and jurisdictional authorities.
Article 192
The Court of Accounts shall be independent. It shall be in charge of the post control of the finances of the State, the territorial communities and public services as well as the State’s merchant capital.
The Court of Accounts shall contribute to the development of good governance and transparency in the management of public finances.
The Court of Accounts shall prepare an annual report which it shall submit to the President of the Republic, the President of the Council of the Nation, the President of the People’s National Assembly and the Prime Minister.
The law shall determine the competences, organisation and functioning of the Court of Accounts and the sanctioning of its investigations as well as its relation with the other organs of the State in charge of control and inspection.
CHAPTER II. Elections Observation
Article 193
Public authorities in charge of organising elections shall be required to guarantee their transparency and impartiality.
Thus, the electoral register shall be made available to the candidates at each election.
The organic law related to the electoral system shall set the modalities of implementing this provision.
Article 194
An independent High Authority for Monitoring Elections shall be established.
It shall be chaired by a public figure nominated by the President of the Republic, following consultations with the political parties.
The High Authority shall have a standing committee and shall deploy its other members once the electorate is convened.
The High Authority shall be composed of an equal number of:
- magistrates proposed by the High Council of Magistracy, nominated by the President of the Republic;
independent competencies chosen from the civil society, nominated by the President of the Republic.
The High Authority shall ensure the transparency and integrity of the presidential, legislative and local elections, and the referendum, from the convening of the electorate until the announcement of the provisional results of the elections.
The standing Committee of the High Authority shall ensure particularly:
- the supervision of the revision of the voting lists by the administration;
the preparation of recommendations for the improvement of the legislative and regulatory texts that standardise the electoral process; the organisation of civil training courses for the benefit of the political parties on the monitoring of elections and the filing of appeals.
An organic law shall set the modalities of implementing this Article.
CHAPTER III. Consultative Institutions
Article 195
A High Islamic Council shall be established under the auspices of the President of the Republic in order to:
- encourage and promote Ijtihad;
provide its opinion on matters submitted to it with regard to the Shari’ah rules; submit a periodic report on its activity to the President of the Republic.
Article 196
The High Islamic Council shall be composed of fifteen (15) members, including the President, who shall be nominated by the President of the Republic among the national elites in various sciences.
Article 197
A High Council of Security shall be established under the chairmanship of the President of the Republic. This organ shall have the task of providing counsel to the President of the Republic on all issues relating to national security.
The modalities of the organisation and functioning of the High Council of Security shall be determined by the President of the Republic.
Article 198
A National Council of Human Rights, hereinafter referred to as “The Council”, shall be established under the authority of the President of the Republic in his quality as guarantor of the Constitution.
It shall be granted administrative and financial autonomy.
Article 199
The Council shall carry out the function of monitoring and providing early warnings and evaluation in terms of respecting human rights.
Without undermining the functions of the judiciary power, the Council shall consider any case of violation of human rights it becomes aware of or is brought to its attention, and it shall proceed with the appropriate action. It shall submit the results of its investigation to the concerned administrative authorities and, if necessary, to the competent judicial authorities.
The Council shall initiate awareness-raising actions, information and communication to promote human rights.
It shall also give its opinions, suggestions and recommendations in relation to the promotion and protection of human rights.
The Council shall prepare an annual report to submit to the President of the Republic, Parliament and the Prime Minister, and publish it.
The composition and the modalities of nominating the members of the Council as well as the rules related to its organisation and functioning shall be determined by law.
Article 200
A High Council of Youth shall be established as a consultative institution under the auspices of the President of the Republic.
The Council shall include representatives of the youth, the government and the public institutions in charge of youth issues.
Article 201
The High Council of Youth shall express its opinions and recommendations on issues related to the needs of the youth as well as their prosperousness in economic, social, cultural and sporting fields.
The Council shall contribute as well to the promotion, among the youth, of the national values, the patriotic conscience, the civil spirit and social solidarity.
Article 202
A national organ for the Prevention and Fight against Corruption, an independent administrative authority, shall be established under the auspices of the President of the Republic.
It shall be granted administrative and financial autonomy.
The independence of the organ shall be specifically guaranteed by the oath its members and staff members have taken, as well as by the protection that shall be granted to them against all forms of pressure, intimidation, threats, contempt, insults, or attacks, regardless of their nature, they might be subjected to while carrying out their functions.
Article 203
The organ shall be in charge of proposing and contributing to the hosting of a global policy of prevention against corruption, enshrining thereby the principles of the rule of law and reflecting the integrity, transparency and accountability in the management of public properties and funds.
The organ shall submit to the President of the Republic an annual report of evaluation of its activities related to the prevention and fight against corruption, pointing out the scantiness it has faced and the proposed recommendations, whenever necessary.
Article 204
The Social and Economic National Council, hereinafter referred to as “The Council” shall represent a framework for dialogue, consultation and proposals in the economic and social fields.
It shall be the advisor of the Government.
Article 205
The Council shall be in charge of:
- providing a framework for the participation of civil society in the national consultations on policies related to social and economic development;
ensuring a constant dialogue and consultation between the national economic and social partners; evaluating and addressing the issues of national interest in the economic, social, educational, vocational, and higher education fields; preparing proposals and recommendations for the Government.
Article 206
A National Council for Scientific Research and Technology shall be established, hereinafter referred to as “The Council”.
Article 207
The Council shall be in charge of:
- promoting national research in the field of technological and scientific innovation;
proposing measures fostering the development of national capacities in terms of research and development; evaluating the efficiency of the national arrangements for the valorisation of the outcome of research for the benefit of the national economy within the framework of sustainable development.
The Council shall be chaired by a recognised national competence nominated by the President of the Republic.
The other tasks, organisation, and composition of the Council shall be determined by law.
