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Constitution of Algeria (1996) – 3: Control and Consultative Institutions

Article 159

The elected assemblies assume the function of control within its popular dimension.

Article 160

(1) The Government presents to each chamber of the Parliament a report on the use of budgetary credits which it voted for each financial year.

(2) 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

(1) 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.

(2) 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. 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

(1) 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.

(2) 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.

(3) 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

(1) The Constitutional Council deliberates in camera; its opinion or its decision are given within twenty (20) days following the date it was referred to.

(2) 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.

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

(1) An Audit Office is instituted with the task of controlling a posteriori the finances of the State, the territorial collectivities and public services.

(2) The Audit Office establishes a yearly report which is addressed to the President of the Republic.

(3) The law defines the prerogatives, the organization and the functioning of the Audit Office as well as the sanctions of its investigations .

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

(1) 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.

(2) The President of the Republic defines the modes of organization and functioning of the High Security Council.

Next: Chapter 4 - Constitution Revision