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Constitution of Algeria – 6: The Executive Power

TITLE II
THE ORGANIZATION OF THE POWERS

CHAPTER ONE
THE EXECUTIVE POWER

Article 70
The President of the Republic, Head of the State, shall embody the unity of the Nation. He shall be the guarantor of the Constitution. He shall embody the State both within the country and abroad. He shall appeal directly to the Nation.

Article 71
The President of the Republic shall be elected by universal, direct and secret suffrage. He shall be elected by an absolute majority of votes cast. The other modalities of the presidential election shall be determined by statute.

Article 72
The President of the Republic shall exercise the supreme authority of the State within the limits established by the Constitution.

Article 73
To be eligible for the Presidency of the Republic, a candidate must:

  • have solely native Algerian citizenship;
  • be of Muslim faith;
  • be at least forty (40) years old on election day;
  • enjoy all civil and political rights;
  • testify to the Algerian nationality of the spouse;
  • provide proof of his participation in the Revolution of November 1, 1954 if he was born before July 1942;
  • provide proof of the non-involvement of his parents in hostile acts against the Revolution of November 1, 1954 if he was born after July 1942;
  • produce a public declaration of his mobile and immobile property in Algeria as well as abroad; and
  • fulfill other conditions as specified by statute.

Article 74[5]
The presidential term shall be five years. The President of the Republic may be re-elected.

Article 75
The President of the Republic shall take an oath before the people and in the presence of all the high officials of the Nation in the week following his election. He shall assume his office upon taking the oath.

Article 76
The President of the Republic shall take the following oath:

In the name of God, most benevolent, ever merciful
“Faithful to the supreme sacrifices and the memory of our revered martyrs and the ideals of the eternal November Revolution, I swear by God All Mighty to respect and glorify the Islamic religion, to defend the Constitution, to work tirelessly for the continuity of the State, to work to insure the necessary conditions for the normal functioning of the institutions and the Constitutional system, and to strive to strengthen the democratic path, to respect the free choice of the people, as well as the institutions and laws of the Republic, to preserve the integrity of the national territory, the unity of the people and the nation, to protect the fundamental rights of man and citizen, to work relentlessly for the development and the prosperity of the people, and to pursue with all my strength the realization of the great ideals of justice, liberty and peace in the world.”
And God is my witness.

Article 77[6]
In addition to the powers expressly conferred upon him by this Constitution, the
President of the Republic shall enjoy the following powers and prerogatives:

  1.  He shall be the Commander-in-Chief of all the armed forces of the Republic.
  2.  He shall be responsible for national defense.
  3. He shall determine and conduct the foreign policy of the nation.
  4. He shall chair the Council of Ministers.
  5. He shall appoint the Prime Minister and put an end to his functions.
  6. Subject to the provisions of Article 87 of the Constitution, the President of the Republic may delegate part of his powers to the Prime Minister so as to allow him to chair the meetings of the Government.
  7. He may appoint one or several Deputy Prime Ministers to assist the Prime Minister in the exercise of his functions and shall terminate their functions.
  8. He shall sign presidential decrees.
  9. He shall have the right to grant pardons, and to reduce or to commute sentences.
  10. He may refer any question of national importance to the people by way of referendum.
  11. He shall conclude and ratify international treaties.
  12. He shall confer decorations, distinctions and honorary titles of the State.

Article 78
The President of the Republic shall appoint:

  1. to posts and commissions (as) specified by the Constitution;
  2. to civilian and military posts of the State;
  3. to other posts determined by the Council of Ministers;
  4. the President of the Conseil d’Etat;5. the Secretary General of the Government;
  5. the Governor of the Bank of Algeria;
  6. the judges and prosecutors;
  7. those responsible for the security organs;
  8. the walis[7]

The President shall appoint and recall the ambassadors and the special envoys of the Republic abroad.

Article 79[8]
The President of the Republic shall appoint the members of the Government after consultation with the Prime Minister.

The Prime Minister shall implement the program of the President of the Republic and shall coordinate the action of the Government to this effect.

Article 80[9]
The Prime Minister shall submit his action plan for approval to the People’s National Assembly, which shall open a general debate to this end.

The Prime Minister may amend the action plan in the light of this debate, in agreement with the President of the Republic. The Prime Minister shall submit to the Council of the Nation a statement on his action plan as it has been approved by the People’s National Assembly. The Council of the Nation may adopt a resolution.

Article 81[10]
In case of non-approval of his action plan by the People’s National Assembly, the Prime Minister shall tender the resignation of his government to the President of the Republic.

The President of the Republic shall appoint a new Prime Minister under the same procedure.

Article 82
If the approval of the People’s National Assembly is not obtained on a new effort, the People’s National Assembly shall be dissolved without further consideration.The existing Government shall remain in office to conduct current affairs until the election of a new People’s National Assembly which must take place within a maximum interval of three (3) months.

Article 83[11]
The Prime Minister shall implement and coordinate the program adopted by the People’s National Assembly.

Article 84[12]
The Government shall submit annually to the People’s National Assembly a declaration of general policy. The declaration shall form the basis for a debate on the action of the Government. The debate can be concluded by a resolution or may result in a motion of censure in conformity with the provisions of Articles 135, 136 and 137.

The Prime Minister may ask the People’s National Assembly for a vote of confidence. If the motion of confidence is not voted, the Prime Minister shall tender the resignation of his Government. In that case the President of the Republic may, before the acceptance of the resignation, make use of the provisions of Article 129 below. The Government may also submit to the Council of the Nation a declaration of general policy.

Article 85[13]
In addition to the powers expressly conferred by other provisions of the Constitution, the Prime Minister shall exercise the following competences:
1. He shall assign the competences among the members of the Government in accordance with the constitutional provisions.
2. He shall supervise the execution of the laws and the regulations.
3. He shall sign the executive decrees, after approval by the President of the Republic.
4. He shall appoint the employees of the State, without prejudice to the provisions of Article 77 and 78 above.
5. He shall supervise the good functioning of the public administration. Article 86[14]The Prime Minister may tender the resignation of his Government to the President of the Republic.

Article 87[15]
The President of the Republic may not under any circumstances delegate the power to appoint the Prime Minister, the members of the Government, as well as the Presidents and members of the constitutional institutions for which no other mode of designation is specified by the Constitution. Nor may he delegate his power to have recourse to referendum, to dissolve the People’s National Assembly and to order fresh legislative elections, or to implement the provisions specified in Articles 77, 78, 91, 93 to 95, 97, 124, 126, 127 and 128 of the Constitution.

Article 88
Whenever the President of the Republic, because of serious and enduring illness, finds himself in a total incapacity to exercise his functions, the Constitutional Council shall meet as of right and, after having verified by all appropriate means that the incapacity indeed exists, shall propose to the Parliament by unanimity to declare a state of incapacity.

The Parliament shall declare the state of incapacity of the President of the Republic in a joint session of both chambers by a two-thirds (2/3) majority of its members, and shall appoint the President of the Council of the Nation for a maximum period of forty-five (45) days as interim Head of State, who shall exercise his powers in accordance with the provisions of Article 90 of the Constitution.

If the incapacity continues beyond the period of forty-five (45) days, it shall proceed to a declaration of vacancy caused by legally mandated resignation according to the procedure stipulated in the paragraphs below 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 as of right and declare the definitive vacancy of the Presidency of the Republic.

It shall communicate immediately the act of the declaration of definitive vacancy to the Parliament which meets as of right. The President of the Council of the Nation shall assume the duties of Head of State for a maximum period of sixty (60) days, during which presidential elections shall be organized. The Head of State so designated cannot be a candidate for the Presidency of the Republic.

In case of coincidence of the resignation or the death of the President of the Republic with a vacancy in the Presidency of the Council of the Nation, for whatever cause, the Constitutional Council shall meet as of right and declare by unanimity a definitive vacancy of the Presidency of the Republic and the incapacity of the President of the Council of the Nation. In that case the President of the Constitutional Council shall assume the duties of the Head of State on the conditions specified in the preceding paragraphs of the present Article and Article 90 of the Constitution. He cannot be a candidate for the Presidency of the Republic.

Article 89
When one of the candidates taking part in the second round of the presidential elections dies, retires, or is incapacitated for any other reason, the acting President of the Republic or the person who assumes the function of the Head of State shall remain in office [en fonction] until the proclamation of election of the President of the Republic.

In that case, the Constitutional Council shall prolong the period for the organization of the elections up to a maximum of sixty (60) days. An Institutional Act law shall determine the conditions and modalities for implementing the present provisions.

Article 90[16]
The Government in office at the time of the temporary incapacity, the death or the resignation of the President of the Republic cannot be dismissed from office or reshuffled before the new President of the Republic assumes his functions.

In a situation when the Prime Minister in office at the time is a candidate for the Presidency of the Republic he must resign as of right. The function of the Prime Minister shall be assumed by another member of the Government designated by the Head of State.

During the periods of forty-five (45) days and the sixty (60) days referred to in Articles 88 and 89, no application can be made of the provisions in paragraphs 9 and 10 of Article 77 and in Articles 79, 124, 129, 136, 137, 174, 176 and 177 of the Constitution.

During the same periods, Articles 91, 93, 94, 95 and 97 of the Constitution cannot be applied without the approval of the Parliament meeting in joint session, the Constitutional Council and the High Council of Security having been previously consulted.

Article 91[17]
In case of compelling necessity the President of the Republic, after having convened the High Council of Security and having consulted with the President of the People’s National Assembly, the President of the Council of the Nation, the Prime Minister and the President of the Constitutional Council, shall decree the state of urgency or state of siege for a specified period and take all necessary measures for the restoration of the previous situation.The state of urgency or the state of siege can only be prolonged after approval by the Parliament meeting in joint session.

Article 92
The organization of the state of urgency and the state of siege is determined by an Institutional Act.

Article 93
Whenever 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 emergency.

Such a measure shall be taken after consultation with the President of the People’s National Assembly, the President of the Council of the Nation and the Constitutional Council and after hearing the High Council of Security and the Council of Ministers. The state of emergency empowers the President of the Republic to take exceptional measures which are necessary for the safeguarding of the independence of the Nation and the institutions of the Republic. The Parliament shall meet as of right. The state of emergency shall be terminated in accordance with the same forms and procedures which have governed its proclamation.

Article 94
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 People’s National Assembly and the President of the Council of the Nation.

Article 95
The President of the Republic, after having convened the Council of Ministers, having heard the High Council of Security, and having consulted with the President of the People’s National Assembly and the President of the Council of the Nation, shall declare war in case of an effective or imminent aggression in conformity with the relevant provisions of the Charter of the United Nations. The Parliament shall sit as of right. The President of the Republic shall inform the Nation by a message.

Article 96
During the state of war the Constitution shall be suspended and the President of the Republic shall assume all powers.When the term of the President of the Republic ends, it shall be extended as of right until the end of the war. In case of the resignation or death of the President of the Republic or any other incapacity the President of the Council of the Nation shall assume in his role as Head of State in the same conditions as the President of the Republic all the powers required by the state of war. In case of a coincidence of the vacancy in the Presidency of the Republic with a vacancy in the Presidency of the Council of the Nation, the President of the Constitutional Council shall assume the responsibilities of Head of the State in the conditions stated above.

Article 97
The President of the Republic shall sign the armistice accords and the treaties of peace. He shall obtain the advice of the Constitutional Council on the accords. He shall submit them immediately for the express approval of each of the Houses of
Parliament.

 

[5] As amended by Article 4 of Constitutional Act No. 08-19. Prior to the amendment, the second paragraph had the following wording: “The President of the Republic may be re-elected only once.”
[6] New clauses 6 and 7 were inserted and the term “Prime Minister” substituted for “Head of Government” by Article 5 of Constitutional Act No. 08-19.
[7] The walis are the governors of the Algerian provinces.
[8] As amended by Constitutional Act No. 08-19. Prior to the revision, the Article had the following wording:
“The Head of the Government shall present the members of the government which he has chosen to the President of the Republic for appointment. The Head of the Government shall formulate his program and present it to the Council of Ministers.”
[9] As amended by Article 7 of Constitutional Act No. 08-19. Prior to the reform the provision was as follows:
“The Head of the Government submits his program for approval to the People’s
National Assembly, which opens a general debate to this end. The Head of the Government may adapt his program in the light of this debate. The Head of the Government shall submit to the Council of the Nation a statement concerning his program. The Council of the Nation may adopt a resolution.”
[10] As amended by Article 8 of Constitutional Act No. 08-19. Prior to the reform the provision had the following wording:
“In case of non-approval of his program by the People’s National Assembly, the Head of the Government shall tender the resignation of his government to the President of the Republic. The President of the Republic shall appoint a new Head of the Government under the same procedure.”
[11] The term “Prime Minister” was substituted for “Head of Government” by Article 13 of Constitutional Act No. 08-19 of November 15, 2008.
[12] The term “Prime Minister” was substituted for “Head of Government” by Article 13 of Constitutional Act No. 08-19 of November 15, 2008.
[13] As amended by Article 9 of Constitutional Act No. 08-19. Prior to the reform the provision was as follows:
“In addition to the powers expressly conferred by other provisions of the Constitution,
the Head of the Government shall exercise the following competences:
1. He shall assign the competences among the members of the Government in accordance with the constitutional provisions.
2. He shall chair the Council of Government.
3. He shall supervise the implementation of laws and regulations.
4. He shall sign executive decrees.
5. He shall appoint employees of the State, without prejudice to provisions of Article 77 and 78 above.
6. He shall supervise the good functioning of the public administration.”
[14] The term “Prime Minister” was substituted for “Head of Government” by Article 13 of Constitutional Act No. 08-19 of November 15, 2008.
[15] The term “Prime Minister” was substituted for “Head of Government” by Article 10 of Constitutional Act No. 08-19 of November 15, 2008.
[16] Paragraphs 2 and 3 were modified by Article 11 of Constitutional Act No. 08-19, which substituted the term “Prime Minister” for “Head of Government” in paragraph 2 and brought the wording of paragraph 3 into line with the changes to Article 77 (see note 6 above).
[17] The term “Prime Minister” was substituted for “Head of Government” by Article 13 of Constitutional Act No. 08-19 of November 15, 2008.

Next: Chapter 7 - The Legislative Power

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