Oversight Institutions

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.

The Constitutional Court is an independent institution in charge of ensuring the observance of the Constitution.

The Constitutional Court shall regulate the conduct of institutions and the activities of public authorities.

The Constitutional Court shall have administrative and financial autonomy.

The Constitutional Court shall determine its rules of operation.

The Constitutional Court shall consist of twelve (12) members:

four(4) members appointed by the President of the Republic, including the President of the Court;

two (2) elected by the Supreme Court and two (2) elected by the Council of State;

two (2) appointed by the President of the People’s National Assembly and two (2) appointed by the President of the Council of the Nation, who do not have a parliamentary capacity nor membership in a political party.

The elected or appointed members of the Constitutional Court shall:

be aged forty (40) on the day of their appointment or election;

enjoy civil and political rights and must not have been convicted of a crime against honor;

have no less than fifteen (15) years’ of legal experience in higher education at the rank of professor, in magistracy, as a lawyer at the Supreme Court or the Council of State, or in a high State office.

As soon as they are elected or appointed, the members of the Constitutional Court shall cease any other practice, membership, function, mandate, assignment, activity, or liberal profession.

The President of the Republic shall appoint the President and Vice-President of the Constitutional Court for a single six-year (6) term.

The other members of the Constitutional Court shall serve a single term of six (6) years; half (1/2) of the membership of the Court shall be renewed every four (3) years.

The members of the Constitutional Court shall enjoy immunity in any matter related to the exercise of their functions.

The members of the Constitutional Court shall not be subject to legal prosecution for matters not related to the discharge of their functions except by express waiver of immunity or by authorization from the Constitutional Court.

The rules of procedures of the Constitutional Court shall determine how immunity is lifted.

Aside from the other functions which are expressly conferred upon it by other provisions of the Constitution, the Constitutional Court shall issue a binding opinion on the constitutionality of treaties, laws, decrees, and regulations.

The Constitutional Court may advise on the constitutionality of treaties prior to ratification or laws prior to passage.

The Constitutional Court may advise on the constitutionality of decrees and regulations within a month of the date of their publication.

The Constitutional Court shall issue a binding opinion on whether laws and regulations conform with treaties, within the conditions specified respectively in Paragraphs 2 and 3.

The Constitutional Court de jure shall advise the President of the Republic of the constitutionality of organic laws after their adoption by Parliament, and the Court shall issue a binding opinion on entire text.

The Constitutional Court shall also rule on the constitutionality of the rules of procedure of each Chamber of Parliament, according to the procedures specified in the preceding paragraph.

The authorities specified in Article 201 may notify the Constitutional Court of conflicts that may arise among the constitutional powers.

These authorities may notify the Constitutional Court of an interpretation of a constitutional provision or provisions, and the Constitutional Court shall declare an opinion in this regard.

The Constitutional Court shall review, in their substance, the appeals it receives on the provisional results of presidential and legislative elections and referenda and shall announce the final results of all these processes.

The Constitutional Court shall 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 Head of the Government.

It may also be referred to by forty (40) deputies or twenty-five (25) members of the Council of the Nation.

The practice of referral to the Constitutional Court specified in the two preceding paragraphs shall not apply to a referral on the exception of unconstitutionality as stipulated in Article 188 below.

The Constitutional Court 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 or regulatory provision upon which the issue of litigation relies may adversely affect the rights and freedoms granted by the Constitution.

The Constitutional Court shall issue opinions by majority vote. In the case of a tie vote, the President shall cast the deciding vote.

Opinions regarding the regulation of organic laws are rendered by an absolute majority of votes.

The procedures and modalities for referral to the Constitutional Court shall be determined by an organic law.

The Constitutional Court 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 Court 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 Court notified to the jurisdiction that has requested the referral.

When the Constitutional Court rules that a treaty, agreement or convention is unconstitutional, it shall not be ratified.

If the Constitutional Court rules that a law is unconstitutional, the law shall not be passed.

If the Constitutional Court rules that a legislative or regulatory provision is unconstitutional, this text shall lose its effect beginning on the day the Court’s decision is issued.

If the Constitutional Court rules that a legislative or regulatory text is unconstitutional based on Article 188 above, this text shall lose its effect beginning on the day determined by the Constitutional Court’s decision.

The opinions and decisions of the Constitutional Council shall be irrevocable and binding upon all public, administrative, and judicial authorities.

The Accountability Council shall be the supreme oversight agency over public assets and funds.

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 Accountability Council shall be an independent agency that contributes to the development of good governance and transparency in the management of public finances and the filing of accounts.

The Accountability Council shall prepare an annual report which it shall submit to the President of the Republic, who shall publish it, as well as the President of the Council of the Nation, the President of the People’s National Assembly and the Head of Government.

The President of the Republic shall appoint the President of the Accountability Council to a term of five (5) years that may be renewed once.

The organic law shall determine the organisation and functions of the Accountability Council and the sanctions [illegible] basic law for its members.

A National Independent Election Authority shall be established.

The National Independent Election Authority shall enjoy legal personhood and administrative and financial independence.

The National Independent Election Authority shall have the task of preparing, organizing, conducting, and monitoring presidential, legislative, and local elections and referenda.

The National Independent Election Authority shall exercise its duties over the electoral registration list operations and their review, [illegible] preparation of the electoral process, voting processes, counting and settling electoral disputes according to the law in force.

The National Independent Election Authority shall exercise its duties from the date the electorate is convened until the provisional poll results are declared.

The National Independent Election Authority shall exercise its duties with transparency, neutrality, and impartiality.

Relevant public authorities shall provide all necessary assistance to the National Independent Election Authority and provide it will all data and documents it considers necessary to carry out its tasks.

The National Independent Election Authority shall be composed of university professors, judges, national capabilities and competencies [illegible] to civil society, and representatives of the Algerian diaspora abroad.

An organic law related to the electoral system shall determine the modalities and conditions for the organization and work of the National Independent Election Authority.

The National Independent Election Authority shall have representation at the level of the Wilaya and the municipality, as well as at diplomatic missions and consulates.

The President of the National Independent Election Authority shall be elected by a majority vote of his peers during its first meeting. In case of a tie, the older of the two candidates shall be the winner.

The President of the Republic shall appoint the elected President of the National Independent Election Authority.

An organic law related to the electoral system shall determine and modalities of choosing the other members.

The President of the Republic shall appoint the members of the National Independent Election Authority to a single, non-renewable term of six (6) years.

One half of the members of the National Independent Election Authority shall be renewed every three (3) years.

A High Authority for Transparency and to Prevent and Combat Corruption shall be established.

It shall be an independent agency.

It shall enjoy administrative and financial independence.

The High Authority shall be concerned with the following tasks:

develop and enable the implementation of a national strategy for transparency and to prevent and combat corruption;

gather, process, and report relevant data;

receive disclosures of private assets from individuals specified by law;

receive notifications of conflicts of interest and cases of combining posts.

notify the relevant authorities as necessary.

An organic law shall determine the modalities of implementing this Article.