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Constitution of Algeria – 9: Control


Article 159
The elected assemblies shall assume the control function in its popular dimension.

Article 160
The Government shall give an account to each chamber of the Parliament on the use of budgetary credits which it has voted for each budgetary period. The budgetary period shall be closed, as far as the Parliament is concerned, by the vote of each chamber of an Act settling the accounts for the budgetary period under consideration.

Article 161
Each of the two chambers may, at any time, establish within the framework of its powers a commission of inquiry on any matter of general interest.

Article 162
The institutions and organs of control shall have the task of verifying the conformity of legislative and executive action(s) with the Constitution and of verifying the conditions of the use and management of material resources and public funds.

Article 163
A Constitutional Council shall be established to monitor the observance of the Constitution. The Constitutional Council shall monitor, among other matters, the propriety of referendum operations, of the election of the President of the Republic and of legislative elections. It shall announce the results of these proceedings.

Article 164
The Constitutional Council shall consist of nine (9) members: three (3) shall be appointed by the President of the Republic, two (2) shall be elected by the People’s National Assembly, two (2) shall be elected by the Council of the Nation, one (1) shall be elected by the Supreme Court, and one (1) shall be elected by the Conseil d’Etat.

As soon as they are elected or designated, the members of the Council shall cease any other mandate, function, task or mission.
The President of the Republic shall appoint the President of the Constitutional Council for a single six-year term. The other members of the Constitutional Council shall serve a single term of six (6) years; the membership of the Council shall be renewed by one-half (1/2) every three (3) years.

Article 165
Aside from the other functions which are expressly conferred on it by other provisions of the Constitution, the Constitutional Council shall rule on the constitutionality of treaties, statutes and regulations, either by an opinion if these are not yet subject to
execution or by a decision in the opposite case.Upon request by the President of the Republic, the Constitutional Council shall issue a binding opinion on the constitutionality of Institutional Acts after their adoption by Parliament. The Constitutional Council shall also rule in the same form as specified in the preceding paragraph on the conformity of the rules of procedure of each chamber of Parliament with the Constitution.

Article 166
A matter may be submitted to the Constitutional Council by the President of the Republic, the President of the People’s National Assembly or the President of the Council of the Nation.

Article 167
The Constitutional Council shall deliberate in closed session and give its opinion or decision within twenty (20) days after a matter has been submitted to it. The Constitutional Council shall establish its rules of procedure.

Article 168
When the Constitutional Council rules that a treaty, accord or convention is unconstitutional, it shall not be ratified.

Article 169
When the Constitutional Council rules that a statutory or regulatory provision is unconstitutional, it ceases to be effective from the day of the decision of the Council.

Article 170
A Court of Accounts shall be established which shall be in charge of the ex post control of the finances of the State, the territorial communities and public law entities. The Court of Accounts shall prepare a report which it shall address to the President of the Republic. Statute shall determine the competences, organization and functioning of the Court of Accounts and the sanctioning of its investigations.

Next: Chapter 10- The Consultative Institutions

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