Constitutional Text: Algeria 1963, Amended 2002

CONSTITUTION OF THE PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA
SEPTEMBER 10, 1963, AS AMENDED TO APRIL 10, 2002
Preamble
The Algerian people are a free people, and decided to
remain so.
Its history is a long series of struggles that always made
Algeria a land of freedom and dignity.
Being at the heart of great events witnessed by the
Mediterranean area throughout history, Algeria has
found in her sons, since the Numid era and the Islamic
epic and up to the wars of decolonization, the pioneers
of freedom, unity and progress as well as builders of
democratic and prosperous States during the periods of
glory and peace.
The 1st of November 1954 was a turning point for its
destiny and a crowning for the tong resistance to
aggressions carried out against its culture, its values
and the fundamental components of its identity which
are Islam, Arabity and Amazighity. Its current struggles
are well rooted in the glorious past of the nation.
Gathered in the national movement and later within the
National Front of Liberation, the Algerian people have
made great sacrifices in order to assume their collective
destiny in the framework of recovered freedom and
cultural identity and to build authentic people’s
democratic constitutional institutions.
The National Front of Liberation crowned the sacrifices
of the best sons of Algeria during the People’s war of
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liberation with independence and built a modern and full
sovereign State.
The belief in the collective chokes allowed the people to
achieve great successes, characterized by the recovery
of the national resources and the building of a State
exclusively for the benefit of the people and exercising
freely its powers and without any external pressures.
Having fought and still fighting for freedom and
democracy, the Algerian people, by this Constitution,
decided to build constitutional institutions based on the
participation of any Algerian, man and woman, in the
management of public affairs; and on the ability to
achieve social Justice, equality and freedom for all.
The Constitution is the concretisation of the People’s
genius, the reflection of their aspirations, the fruit of
their determination and the product of the deep social
changes. Thus, in approving this Constitution, the
People are, more than ever, decided to consider the law
above everything.
The Constitution is above all, it is the fundamental law
which guarantees the individual and collective rights and
liberties, protects the principle of the People’s free
choke and gives the legitimacy to the exercise of
powers. It helps to ensure the legal protection and the
control of the public authorities in a society in which
lawfulness and man’s progress prevail in all its
dimensions.
Strong with their deeply rooted spiritual values and
preserving their traditions of solidarity and justice, the
people are confident in their ability to participate
efficiently in the cultural, social and economic progress
of the present and future world.
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Algeria, being a land of Islam, an integral Part of the
Great Maghreb, an Arab land, a Mediterranean and
African country is proud of the radiance of its 1st of
November Revolution and is honored by the respect the
country gained and knew how to preserve it through its
engagement towards the just causes in the world.
The pride of the People, their sacrifices, their sense of
responsibility and their ancestral attachment to freedom
and to social justice are the best guaranty for the
respect to this Constitution which they adopt and
transmit to future generations, heirs of the freedom
pioneers and the builders of free society.
Part I
General Principles Governing the Algerian Society
Chapter I
Algeria
Article 1. Algeria is a People’s Democratic Republic. It is one and
indivisible.
Article 2. Islam is the religion of the State.
Article 3. Arabic is the national and official language.
Article 3a. Tamazight is also national language.
The State works for its promotion and development in all its
linguistic variations used all over the national territory.
(Translation from General Secretariat of Government)
Article 4. The capital of the Republic is ALGIERS.
Article 5. The national flag, the State seal and the national anthem
are defined by the law.
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Chapter II
The People
Article 6. The People are the source of any power.
The national sovereignty belongs exclusively to the People.
Article 7. The constituent power belongs to the People.
The People exercise their sovereignty through institutions they set
up.
The People exercise it by means of referendum and through the
elected representatives.
The President of the Republic may resort directly to the expression
of the People’s will.
Article 8. The People set up institutions having as objectives:
– the safeguard and consolidation of the national
independence;
– the safeguard and consolidation of the national identity and
unity;
– the protection of fundamental liberties of the citizen and the
social and cultural progress of the Nation;
– the suppression of the exploitation of man by mail;
– the protection of the national economy from any form of
embezzlement or misappropriation, illegitimate monopolizing
or seizure.
Article 9. The institutions are not allowed:
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– feudal, regionalist and nepotic practices;
– setting up exploitation relationships and dependence links;
– practices that are contrary to the Islamic ethics and to the
values of the November Revolution.
Article 10. The People choose freely their representatives.
The representation of the People has no limits except those defined
by the Constitution and the electoral law.
Chapter III
The State
Article 11. The State takes its legitimacy and its raison d’etre from
the People’s will.
Its motto is “By the People and for the People.”
It is exclusively for the service of the People.
Article 12. The sovereignty of the State is exercised on its
terrestrial space, its air space, and its waters.
The State also exercises its sovereign right established by the
international law on any of its various areas of the maritime space
to which they belong.
Article 13. In any circumstances should a Part of the national
territory be abandoned or alienated.
Article 14. The State is based on the principles of democratic
organization and of social justice.
The elected Assembly is the framework in which is expressed the
people’s will and the control of the public authorities is exercised.
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Article 15. The territorial collectivities of the State are the
“Commune” and the “Wilaya.”
The “Commune” is the basic collectivity.
Article 16. The elected assembly represents the basis of
decentralization and a place of the citizens’ participation in the
management of public affairs.
Article 17. Public property belongs to the national collectivity.
It includes the underground, the mines and quarries, the natural
resources of energy, the mineral, natural and living resources in the
various national maritime areas, waters and forests.
It also includes rail, maritime and air transport, the mail and
telecommunications as well as other properties defined by the law.
Article 18. The national properties are defined by the law.
They include public and private properties of the State, the “Wilaya”
and the “Commune” .
The management of the national properties is carried out in
accordance with the law.
Article 19. The organization of external trade is the domain of the
State only.
The law defines the conditions and control of external trade.
Article 20. Expropriation can be carried out only within the
framework of the law.
It gives right to a prior, just and fair compensation.
Article 21. The functions in the State institutions should neither be
a source of wealth nor a means of being for the service of private
interests.
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Article 22. Power abuse is repressed by the law.
Article 23. The Administration’s impartiality is guaranteed by the
law.
Article 24. The State is responsible for the security of persons and
properties. It ensures the protection of every citizen abroad.
Article 25. The enhancement and the development of the defense
capacity of the Nation are organized within the National People’s
Army.
The permanent task of the National People’s Army is to safeguard
the national independence and to defend the national sovereignty.
It ensures the defense of the country’s unity and the territorial
integrity as well as the protection of its terrestrial and air space,
and the various areas of its maritime space.
Article 26. Algeria does not resort to war in order to undermine the
legitimate sovereignty and the freedom of other peoples.
It puts forth its efforts to settle international disputes through
peaceful means.
Article 27. Algeria associates itself with all the peoples fighting for
their political and economic liberation, for the right of self-
determination and against any racial discrimination.
Article 28. Algeria works for the reinforcement of international
cooperation and to the development of friendly relations among
States, on equal basis, mutual interest and noninterference in the
internal affairs. It endorses the principles and objectives of the
United Nations Charter.
Chapter IV
Rights and Liberties
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Article 29. All citizens are equal before the law. No discrimination
shall prevail because of bind, race, sex, opinion or any other
personal or social condition or circumstance.
Article 30. The Algerian nationality is defined by the law.
Conditions for acquiring, keeping, losing or forfeiture of the
Algerian nationality are defined by the law.
Article 31. The aim of the institutions is to ensure equality of rights
and duties of all citizens, men and women, by removing the
obstacles which hinder the progress of human beings and impede
the effective participation of all in the political, economic, social and
cultural life.
Article 32. The fundamental human and citizen’s rights and
liberties are guaranteed. They are a common heritage of all
Algerians, men and women, whose duty is to transmit it from
generation to another in order to preserve it and keep it inviolable.
Article 33. Individual or associative defense of the fundamental
human rights and individual and collective liberties is guaranteed.
Article 34. The State guarantees the inviolability of the human
entity.
Any form of physical or moral violence or breach of dignity is
forbidden.
Article 35. Infringements committed against rights and libel ties
and violations of physical or moral integrity of a human being are
repressed by the law.
Article 36. Freedom of creed and opinion is inviolable.
Article 37. Freedom of trade and industry is guaranteed, it is
carried out within the framework of the law.
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Article 38. Freedom of intellectual, artistic and scientific innovation
is guaranteed to the citizen.
Copyrights are protected by the law.
The seizure of any publication, recording or any other means of
communication acid information can only be done in pursuance of a
warrant.
Article 39. The private life and the honour of the citizen are
inviolable and protected by the law.
The secrecy of private correspondence and communication, in any
form, is guaranteed.
Article 40. The State guarantees home inviolability. No thorough
search can be allowed unless in pursuance of the law and in
compliance with the latter. The thorough search can only be in
pursuance of a search warrant emanating from the competent
judicial authority.
Article 41. Freedom of expression, association and meeting are
guaranteed to the citizen.
Article 42. The right to create political parties is recognized and
guaranteed.
However, this right cannot be used to violate the fundamental
liberties, the fundamental values and components of the national
identity, the national unity, the security and the integrity of the
national territory, the independence of the country and the People’s
sovereignty as well as the democratic and Republican nature of the
State.
In respect to the provisions of the present Constitution, the political
parties cannot be founded on religious, linguistic, racial, sex,
corporatist or regional basis. The political parties cannot resort to
partisan propaganda on the elements mentioned in the previous
paragraph.
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Any obedience, in any form of the political parties to foreign
interests or parties is forbidden.
No political party can resort to any form of any nature of violence or
constraint.
Other obligations and duties are prescribed by the law.
Article 43. The right to create associations is guaranteed.
The State encourages the development of associative movement.
The law defines the conditions and clauses of the creation of
associations.
Article 44. Any citizen enjoying his civil and political rights has the
right to choose freely his place of dwelling and to move on the
national territory.
The right of entry and exit from the national territory is guaranteed.
Article 45. Any person is presumed not guilty until his culpability is
established by a regular jurisdiction with all the guarantees required
by the law.
Article 46. None is guilty unless it is in accordance with a
promulgated law prior to the incriminated action.
Article 47. None can be pursued, arrested or detained unless within
the cases defined by the law and in accordance with the forms
prescribed.
Article 48. In the field of penal investigation, custody is under
judiciary control and cannot exceed forty-eight (48) hours.
The person held in custody has the right to be immediately in
contact with his family.
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The extension of the period of custody can occur, exceptionally,
only within the conditions established by the law.
At the expiry of the period of custody, it is compulsory to proceed
to a medical examination of the person detained if this latter asks
for it, and in any cases, this person is informed of this right.
Article 49. Miscarriage of justice leads to compensation by the
State. The law determines the conditions and modes of
compensation.
Article 50. Any citizen fulfilling the legal conditions can elect and
be elected.
Article 51. Equal access to functions and positions in the State is
guaranteed to all citizens without any other conditions except those
defined by the law.
Article 52. Private property is guaranteed.
The right to inherit is guaranteed.
The “Wakf” properties and the foundations are recognized; the law
protects their intended purpose.
Article 53. The right for Education is guaranteed. Education is free
within the conditions defined by the law.
Fundamental education is compulsory.
The State organizes the educational system.
The State ensures the equal access to education and professional
training.
Article 54. All citizens have the right for the protection of their
health.
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The State ensures the prevention and the fight of endemics and
epidemics.
Article 55. All citizens have right for work.
The law guarantees the right for protection, security and hygiene at
work.
The right to rest is guaranteed; the law defines the relevant clauses.
Article 56. The trade union right is recognized to all citizens.
Article 57. The right to strike is recognized; it is carried out within
the framework of the law.
The law may forbid or limit the strike in the field of national
defense and security or in any public service or activity of vital
interest for the community.
Article 58. The family gains protection from the State and the
society.
Article 59. The living conditions of the citizens under the age of
working or those unable or can never be able to work are
guaranteed.
Chapter V
Duties
Article 60. Ignorance of the law is no excuse.
Every person should abide by the Constitution and comply with the
laws of the Republic.
Article 61. The duty of every citizen is to protect and safeguard the
independence of the country and the integrity of its national
territory as well as all the symbols of the State.
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Treason, spying, obedience to the enemy as well as all the
infringements committed against the State security are severely
repressed by the law.
Article 62. Every citizen should, loyally, fulfill his obligations
towards the national community. The commitment of every citizen
towards the Mother Country and the obligation to contribute to its
defense are sacred and permanent duties.
The State guarantees the respect of the symbols of the Revolution,
the memory of the “chouhada” and the dignity of their rightfuls, and
the “moudjahidine.”
Article 63. All the individual liberties are carried out within the
respect of the rights of others recognized by the Constitution, in
particular, the respect of the right for honour, intimacy and the
protection of the family, the youth and childhood.
Article 64. The citizens are equals before the taxes.
Everyone should participate in financing the public expenses, in
accordance with his contributory capacity.
No taxes can be laid down unless in accordance with the law.
No tax, contribution or duty of any nature can be laid down with a
retrospective effect.
Article 65. The law sanctions the duty of parents in the education
and protection of their children as well as the duty of the children in
helping and assisting their parents.
Article 66. The duty of every citizen is to protect the public
property and the interests of the national community and to respect
the property of others.
Article 67. Any foreigner being legally on the national territory
enjoys the protection of his person and his properties by the law.
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Article 68. None can be extradited unless in accordance and in
implementation of the extradition law.
Article 69. In no case, a political refugee having legally the right of
asylum can be delivered or extradited.
Part II
Organization of Powers
Chapter I
The Executive Power
Article 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.
Article 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.
Article 72. The President of the Republic exercises the supreme
magistracy within the limits defined by the Constitution.
Article 73. To be eligible to the Presidency of the Republic, the
candidate should:
– have, solely, the Algerian nationality by origin;
– be a Muslim;
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– be more than forty (40) years-old the day of the election;
– enjoy full civil and political rights;
– prove the Algerian nationality of the spouse;
– justify his participation in the 1st of November 1954
Revolution for the candidates born before July 1942;
– justify the noninvolvement of the parents of the candidate
born after July 1942, in actions hostile to the 1st of November
1954 Revolution;
– submit a public declaration of his personal and real estate
existing either within Algeria or abroad.
– Other conditions are prescribed by the law.
Article 74. The duration of the presidential mandate is five (5)
years.
The President of the Republic can be reelected once only.
Article 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.
Article 76. The President of the Republic takes the Oath in the
following terms:
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Translation of the terms of the Oath provided for in Article 76 of
the Constitution:
“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.”
Article 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:
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– he is the Supreme Head of all the Armed Forces of the
Republic;
– he is responsible for the National Defense;
– he decides and conducts the foreign policy of the Nation;
– he presides the Cabinet;
– he appoints the Head of Government and puts an end to his
functions;
– he signs the presidential decrees;
– he has the right of pardon, remission or commutation of
punishment;
– he can refer to the People through a referendum on any
issue of national importance;
– he concludes and ratifies international Treaties ;
– he awards State medals, decorations and honorific titles.
Article 78. The President of the Republic appoints:
– to posts and mandates provided by the Constitution;
– to State civil and military posts;
– to nominations decided in the Cabinet;
– the President of the Council of State;
– the Secretary General of the Government;
– the Governor of the Bank of Algeria;
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– the Magistrates;
– high officials of security bodies;
– 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.
Article 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 programme and submits it
to the Cabinet.
Article 80. The Head of Government submits his programme for
approval to the People’s National Assembly. This latter opens, for
this purpose, a general debate.
The Head of Government may adapt his programme in the light of
this debate.
The Head of Government addresses a communication on his
programme to the Council of Nation.
The Council of Nation may issue a resolution.
Article 81. In case of non approval of his programme 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.
Article 82. If the People’s National Assembly’s approval is not
obtained, the People’s National Assembly is dissolved de jure.
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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.
Article 83. The Head of Government executes and coordinates the
programme adopted by the People’s National Assembly.
Article 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.
Article 85. In addition to the powers bestowed upon him explicitly
by Other provisions of the Constitution, the Head of Government
exercises the following functions:
– he distributes the functions among the members of the
Government in accordance with the provisions of the
Constitution;
– he presides the Council of Government;
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– he sees to the execution of laws and rules;
– he signs executive decrees;
– he appoints to state offices, without prejudice to the
provisions of Articles 77 and 78 above mentioned;
– he sees to the best functioning of the public administration.
Article 86. The Head of Government may present to the President
of the Republic the resignation of his Government.
Article 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.
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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.
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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 chambers 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
state 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.
Article 92. The organization of the state of emergency and the
state of siege is defined by an organic law.
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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.
Article 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
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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.
Chapter II
The Legislative Power
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 to the trust of the people and be
permanently aware of their aspirations.
Article 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
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members of the People’s Communal Assemblies and the People’s
Malaya Assembly.
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.
Article 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.
Article 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.
Article 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.
26

Article 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.
Article 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.
Article 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.
Article 108. The conditions by which the Parliament accepts the
resignation of one of its members are defined by an organic law.
Article 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.
Article 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
27

Assembly or the Council of Nation which decides by the majority of
its members to lift the immunity.
Article 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.
Article 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.
Article 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 deputies.
The People’s National Assembly elects its bureau and forms its
committees. The above mentioned provisions are applied to the
Council of Nation.
Article 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.
Article 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.
28

The People’s National Assembly and the Council of Nation elaborate
and adopt their internal rules.
Article 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.
Article 117. The People’s National Assembly and the Council of
Nation set up permanent committees in the framework of their
internal rules.
Article 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.
Article 119. The Head of Government and the deputies have the
right to initiate laws.
To be admissible, proposed laws are brought in by twenty (20)
deputies.
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.
29

Article 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.
Article 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.
30

Article 122. The Parliament legislates in the domains which the
Constitution assigned to it, as well as the following domains:
– fundamental rights and duties of the individuals, in
particular, the rules of public liberties, the safeguard of
individual liberties and the obligations of the citizens;
– general rules concerning personal statute and the family
status and, in particular, marriage, divorce, affiliation,
capacity and inheritance;
– conditions of individual’s establishment;
– basic legislation concerning the Nationality;
– general rules related to the condition of the foreigners;
– rules related to the judiciary organization and to the setting
up of jurisdictions;
– general rules of penal law and penal procedures; and in
particular, the determination of crimes and infringements, the
institution of corresponding punishments of any nature,
amnesty, extradition and the penitentiary system;
– general rules of civil procedure and execution means;
– rules of civil, trade and property obligations;
– territorial allotment of the country;
– adopting the national plan;
– voting the State budget;
– setting up tax base and rate, contributions and duties of any
nature;
31

– customs regulations;
– money issuing regulations and bank, credit and insurance
rules;
– general rules related to teaching and Scientific Research;
– general rules related to public health and population;
– general rules related to work law, social security and to the
exercise of trade union right;
– general rules related to environment, living space and land
management;
– general rules related to the protection of the fauna and the
flora;
– protection and safeguard of cultural and historic heritage;
– general regulation for forests and grazing lands;
– general regulation for water;
– general regulation for mines and hydrocarbons;
– land regulation;
– the fundamental guaranties granted to civil servants and the
general statute of civil service;
– general rules related to National Defense and the use of
armed forces by civil authorities;
– rules of property transfer from the public sector to the
private sector;
– the creation of types of establishments;
32

– instituting State medals, distinctions and honorific titles.
Article 123. In addition to the domains intended to the organic laws
by the Constitution, the Parliament legislates through organic laws
in the following fields:
– organization and functioning of public powers;
– electoral regulation;
– the law pertaining to political parties;
– the law related to information;
– the statute of magistracy and judiciary organization;
– the outline law of financial laws;
– the law pertaining to national security.
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.
Article 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.
33

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.
Article 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.
Article 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.
Article 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-thirds (2/3) of the deputies of the
People’s National Assembly is required for the law to be adopted.
Article 128. The President of the Republic may address a message
to the Parliament.
Article 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.
34

Article 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.
Article 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.
Article 132. Treaties ratified by the President of the Republic in
accordance with the conditions provided for by the Constitution are
superior to the law.
Article 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.
Article 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.
35

The questions and answers are published in accordance with the
same conditions as those of the minute of proceedings of the
Parliament’s debates.
Article 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 deputies.
Article 136. The motion of censure should be approved by the
majority of two-thirds (2/3) of the deputies.
The vote occurs only three days after the motion of censure is
brought in.
Article 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.
Chapter III
The Judicial Power
Article 138. The judicial power is independent. It is exercised
within the framework of the law.
Article 139. The judicial power protects the society and the
liberties. It guarantees, to all and to everyone, the safeguard of
their fundamental rights.
Article 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.
Article 141. Justice dispensed on behalf of the People.
36

Article 142. Punishments should comply with the principles of
lawfulness and individuality.
Article 143. Justice deals with appeals against and administrative
authorities decisions.
Article 144. Justice decisions are justified and pronounced in public
hearing.
Article 145. All the qualified State bodies should ensure, at any
time, in any place and in any circumstances, the execution of justice
decisions.
Article 146. Justice is pronounced by magistrates. People’s
assessors in accordance with the conditions defined by the law can
assist them.
Article 147. The judge obeys to the law only.
Article 148. The judge is protected against any foam of pressure,
interventions or maneuvers that prejudice his mission or the
respect of his free will.
Article 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.
Article 150. The law protects the justiciable against any abuse or
deviation the judge.
Article 151. The right for defense is recognized.
In penal matters, it is guaranteed.
Article 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.
37

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.
Article 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.
Article 154. The High Council of Magistracy is presided by the
President of the Republic.
Article 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.
Article 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.
Article 157. An organic law defines the composition, the
functioning and the other prerogatives of the High Council of
Magistracy.
Article 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.
An organic law defines the composition, the organization and the
functioning of the High Court of State as well as the procedures of
implementation.
38

Part III
Control and Consultative Institutions
Chapter I
Control
Article 159. The elected assemblies assume the function of control
within its popular dimension.
Article 160. The Government presents to each chamber of the
Parliament a report on the use of budgetary credits which it voted
for each financial year.
The financial year is close as far as it concerns the Parliament by a
vote, by each of the chambers, of the financial year in question.
Article 161. Each of the two chambers of the Parliament may,
within the framework of its prerogatives, institute at any time
committees investigating affairs of general interest.
Article 162. The control institutions and bodies are in charge of
checking the conformity of the legislative and executive action with
the Constitution and to verify the conditions of use and
management of material means and public funds.
Article 163. A Constitutional Council is institute to see to the
respect of the Constitution. The Constitutional Council sees also to
the due form of referendum operations, the election of the
President of the Republic and the legislative elections. It proclaims
the results of these operations.
Article 164. The Constitutional Council is composed of nine (09)
members: three (03) appointed by the President of the Republic
among whom is the President, two (02) elected by the People’s
National Assembly, two (02) elected by the Council of Nation, one
(01) elected by the Supreme court of Nation, one (01) elected by the
Council of state.
39

Once elected or appointed the members of the Constitutional
Council cease any other mandate, function, responsibility or
mission.
The President of the Republic appoints the President of the
Constitutional Council for a single mandate of six (06) years.
The other members of the Constitutional Council fill a unique
mandate of six (06) years and are renewed by half every three (03)
years.
Article 165. In addition to the prerogatives explicitly bestowed
upon it by other provisions of the Constitution, the Constitutional
Council pronounces on the constitutionality of treaties, laws and
regulations, either through an opinion if these are not enforced or,
otherwise, through a decision.
The Constitutional Council, called upon by the President of the
Republic, expresses a compulsory opinion on the constitutionality
of the organic laws following their adoption by the Parliament.
The Constitutional Council also pronounces on the conformity of
the rules of procedures of each of the two chambers of the
Parliament with the Constitution accordance with the provisions of
the above mentions paragraph.
Article 166. The Constitutional Council is called upon by the
President of the Republic, the President of the People’s National
Assembly or by the President of the Council of Nation.
Article 167. The Constitutional Council deliberates in camera; its
opinion or its decision are given within twenty (20) days following
the date it was referred to.
The Constitutional Council defines the rules of its functioning.
Article 168. When the Constitutional Council considers that a
treaty, an agreement or a convention is not constitutional, its
ratification cannot take place.
40

Article 169. When the Constitutional Council considers that a
legislative or regulatory provision is not constitutional, this latter
loses its effect from the date the decision is taken by the Council.
Article 170. An Audit Office is instituted with the task of controlling
a posteriori the finances of the State, the territorial collectivities and
public services.
The Audit Office establishes a yearly report that is addressed to the
President of the Republic.
The law defines the prerogatives, the organization and the
functioning of the Audit Office as well as the sanctions of its
investigations.
Chapter II
Consultative Institutions
Article 171. A High Islamic Council is instituted to the President of
the Republic and is trusted, in particular, with:
– encouraging and promoting “Ijtihad” ;
– expressing its views in comparison with religious precepts
on matters submitted to it;
– presenting a periodic report of activity to the President of
the Republic.
Article 172. The High Islamic Council is composed of fifteen (15)
members, including a president appointed by the President of the
Republic among national personalities highly qualified in various
fields of science.
Article 173. A High Security Council presided by the President of
the Republic is instituted. Its task is to express views on all the
issues related to national security.
41

The President of the Republic defines the modes of organization
and functioning of the High Security Council.
Part IV
Constitutional Revision
Article 174. Constitutional revision is decided on the initiative of
the President of the Republic. It is voted, in the same manner, in
accordance with the same conditions applied to a legislative text by
the People’s National Assembly and the Council of Nation.
It is submitted to a referendum to be approved by the People within
fifty (50) days following its adoption.
The President of the Republic promulgates the Constitutional
revision, approved by the People.
Article 175. The law pertaining to the draft constitutional revision
not approved by the People is void. It cannot be submitted again to
the People during the same legislature.
Article 176. When the Constitutional Council considers that the
draft constitutional revision does not infringe, at all, upon the
general principles governing the Algerian society, the human and
citizen’s rights and liberties, or does not affect, in any way, the
fundamental balance of powers and of institutions, the President of
the Republic may promulgate, directly, the law pertaining to
constitutional revision without submitting it to People’s referendum
if it obtains the voices of three-quarters (3/4) of the members of the
two chambers of the Parliament.
Article 177. The three-quarters (3/4) of the members of the two
chambers of the Parliament meeting together can propose a
constitutional revision and present it to the President of the
Republic who can submit it to a referendum.
If approved, it is promulgated.
Article 178. Any constitutional revision cannot infringe on:
42

– the republican nature of the State;
– the democratic order based on multiparty system;
– Islam as the religion of the State;
– Arabic as the national and official language;
– fundamental liberties, and citizen’s rights;
– integrity of the national territory.
Transitional Provisions
Article 179. The legislative body in office at the date of the
promulgation of the present Constitution and up to the end of its
mandate, the President of the Republic at the end of the legislative
body’s mandate and up to the election of the People’s National
Assembly, legislate through ordinances including the domains
pertaining to organic laws.
Article 180. Awaiting the setting up of the institutions provided for
in the present Constitution:
– the laws in force pertaining to the organic domain remain
applicable up to their replacement or modification in
accordance with the procedures provided for by the
Constitution;
– the Constitutional Council, with its present representation,
assumes the prerogatives bestowed upon it by the present
Constitution up to the time of setting up institutions
represented in its midst. Any modification or addition should
be subject to Article 164 (paragraph 3) of the present
Constitution, resorting, if necessary, to drawing lots;
– the elected People’s National Assembly will assume full
legislative power until the Council of Nation is set up;

Constitutional Text: Algeria 1963, Amended 2002

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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