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Art.
104 –
The President of the Republic, Head of State, shall assume the leadership
of the executive function.
Art.
105 –
The President of the Republic shall be elected by universal, direct, and
secret suffrage.
The
candidate shall be elected by an absolute majority of registered voters.
He
shall be proposed by the National Liberation Front. This prerogative shall
be directly assumed by the congress of the National Liberation Front as of
the holding of the first congress of the Party following the coming into
force of this Constitution.
The
law shall fix the other procedures of the presidential election.
Art.
106 –
The President of the Republic shall assume the function of supreme
magistrate within the limits fixed by the Constitution.
Art.
107 –
To be eligible to the presidency of the Republic, a candidate shall be of
Algerian original nationality, a Muslim, over forty (40) years of age on
the day of the election, and enjoy all his civil and political rights.
Art.
108 –
The duration of the presidential term shall be six (6) years.
The
President of the Republic shall be re-eligible.
Art.
109 –
The President of the Republic shall take office within the week following
his election. The President of the Republic shall be sworn in before the
people and in the presence of all the highest authorities of the Party and
the State.
Art.
110 –
The President of the Republic shall take the following oath:
“Faithful
to the supreme sacrifice and to the memory of the Martyrs of our sacred
Revolution, I do solemnly swear to God the Almighty that I will respect
and glorify the Islamic religion, respect and defend the national Charter,
the Constitution, and all the laws of the Republic, respect the
irreversible choice of socialism, preserve the integrity of the national
territory and the unity of the people and the nation, protect the
fundamental rights and liberties of the people, work without respite for
their development and well-being, and will to the best of my ability work
for the realization of the great ideals of justice, liberty, and peace in
the world.”
Art.
111 - In
addition to the powers expressly vested in him by other provisions of this
Constitution, the President of the Republic shall enjoy the following
prerogatives:
1)
He shall embody the State both inside the country and abroad;
2)
He shall embody the unity of the political leadership of the
Party and the State;
3)
He shall be the guarantor of the Constitution;
4)
He shall be Commander in Chief of all the armed forces of the
Republic;
5)
shall be responsible for national defence;
6)
In keeping with the national Charter and the provisions of the
Constitution, he shall define the general policy of the nation at the
internal and external levels, and conduct and execute such policy;
7)
He shall determine the powers of the members of government in
accordance with the terms laid down in the Constitution;
8)
He shall preside over the Council of Ministers;
9)
He shall preside over the joint meetings of the Party and the
State;
10)
He shall have power to make regulations;
11)
He shall attend to the enforcement of laws and regulations;
12)
He shall appoint to civilian and military posts in conformity
with the law;
13)
He shall have power to grant pardons, to reduce totally or
partially any sentence, and to obliterate the legal consequences
whatever of sentences delivered by any court of law;
14)
He may refer any matter of national importance to the people by
referendum;
15)
He may delegate part of his powers to the vice-president of the
Republic and to the Prime Minister subject to the provisions of Article
116 of the Constitution;
16)
He shall appoint and recall ambassadors and special envoys of the
Republic abroad. He shall receive credentials or recalls of foreign
diplomatic representatives;
17)
He shall conclude and ratify international treaties in accordance
with the terms set out by the Constitution; and
18)
He shall award decorations, distinctions, and State honorary
titles.
Art.
112 - The
President of the Republic may appoint a vice-president of the Republic who
shall assist him in his duties.
Art.
113 –
The President of the Republic shall appoint the members of Government.
He may
appoint a prime minister.
Art.
114 –
The Government shall perform the executive function under the leadership
of the President of the Republic.
Art.
115 - In
their respective functions, the vice-president of the Republic, the prime
minister, and the members of Government shall be accountable to the
President of the Republic.
Art.
116 -
Under no circumstance shall the President of the Republic delegate his
power to appoint and remove from office the vice-president of the Republic,
the prime minister, and the members of Government, to organize a
referendum, to dissolve the National People’s Assembly, to call early
legislative elections, to implement the provisions laid down in Articles
119 to 124 of the Constitution as well as the powers provided for in
paragraphs 4 to 9 and 13 of Article 111 of the Constitution.
Art.
117 –
In case of death or resignation of the President of the Republic, the
National People’s Assembly shall convene by right and note the
definitive vacancy of the Presidency of the Republic.
The
Speaker of the National People’s Assembly shall assume the office of
Head of State for a maximum period of forty-five (45) days during which
presidential elections shall be held. The Speaker of the National
People’s Assembly shall not be a candidate to the Presidency of the
Republic.
An
extraordinary congress of the National Liberation Party shall be convened
for the nomination of a candidate to the Presidency of the Republic.
The
President of the Republic shall accomplish his mandate in conformity with
Article 108 of the Constitution.
Art.
118 - The
Government in office at the time of the death or resignation of the
President of the Republic shall not be dismissed or reshuffled until the
new President of the Republic takes office.
During
the forty-five (45) -day period referred to in paragraph 2 of Article 117
of the Constitution, the provisions laid down in Articles 112 and 113, in
paragraphs 7, 13, and 14 of Article 111, as well as in Articles 123 and
163 of the Constitution shall not apply.
During
the same period, the vice-president of the Republic and the prime minister
shall not be removed from office.
Articles
120, 121, 122, and 124 of the Constitution shall only be implemented with
the consent of the National People’s Assembly and the political
leadership of the Party previously consulted.
Art.
119 –
In case of utmost necessity, in a joint meeting of the highest authorities
of the Party and the Government, the President of the Republic shall
declare the state of emergency or the state of siege and shall take all
the necessary measures to restore order.
Art.
120 –
Should an impending danger threaten the institutions, the independence, or
the territorial integrity of the country, the President of the Republic
shall declare the state of exception.
Such
a measure shall be taken in a joint meeting of the highest authorities of
the Party and the Government.
The
state of exception shall entitle the President of the Republic to take
exceptional measures warranted by the safeguarding of the independence of
the nation and the institutions of the Republic.
The
National People’s Assembly shall assemble by right if convoked by the
President of the Republic.
The
state of exception shall end in accordance with the same above-mentioned
procedures.
Art.
121 – The President of the Republic shall have power to order a
general mobilization.
Art.
122 – The President of the Republic shall have power to declare war
in case of effective or imminent aggression in conformity with the
relevant provisions of the United Nations Charter, after consultation with
the highest authority of the Party, the convening of the Government, and
the hearing of the Higher Council of Security.
The
National People’s Assembly shall assemble by right.
The
President of the Republic shall inform the nation of such decision by a
message.
Art.
123 – The Constitution shall be suspended during the state of war,
and the Head of State shall assume all powers.
Art.
124 – The President of the Republic shall have power to sign
armistice and peace.
Armistice
accords and peace treaties shall immediately be submitted to the express
consent of the governing authority of the Party in conformity with the
Statutes thereof, as well as to the National People’s Assembly in
conformity with Article 158 of the Constitution.
Art.
125 –
There is established a Higher Council of Security headed by the President
of the Republic. It shall provide advice to the President of the Republic
on all matters relating to national security.
The
methods of organization and functioning of the Higher Council of Security
shall be fixed by the President of the Republic.
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