| II – LAW N° 79-06 of 7 JULY 1979, BEARING CONSTITUTIONAL REVISION |
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The President of the Republic, In view of Edict n° 76-97 of 22 November 1976, bearing promulgation of the Constitution of the People’s Democratic Republic of Algeria, In view of the Constitution, and especially Articles 191, 192, 196, 105, 108, 110, 111-15°, 112, 113, 115, 116, 117, 118, 197, 198, and 199 thereof, Following its adoption by the National People’s Assembly, Hereby promulgates the following law on constitutional revision: Art. 1 – Article 105 of the Constitution, paragraph 3, shall be modified as follows: “He shall be proposed by the congress of the National Liberation Front in conformity with the Statutes thereof.” Art. 2 – Article 108 of the Constitution shall modified as follows: “The
duration of the presidential mandate shall be five (5) years Art.
3 – The
following sentence shall be added to Article 110 in fine of
the Constitution: Art. 4 – Article 111, paragraph 15, of the Constitution shall be modified as follows: “He may delegate part of his powers to the vice-president(s) of the Republic...” (the rest shall remain unchanged). Art. 5 – Article 112 of the Constitution shall be modified as follows: “The President of the Republic may appoint one or more vice-presidents of the Republic who shall assist him in his duties.” Art. 6 – Article 113 of the Constitution shall be modified as follows: “The President of the Republic shall appoint the members of Government including a prime minister who shall assist him in the co-ordination of governmental activity and the implementation of the decisions taken in the Council of Ministers. The prime minister shall exercise his powers as part of the powers delegated to him by the President of the Republic, in conformity with Article 111, paragraph 15 of the Constitution.” Art. 7 – Article 115 of the Constitution shall be modified as follows: “In their respective functions, the vice-president(s) of the Republic...” (the rest shall remain unchanged) Art. 8 – Article 116 of the Constitution shall be modified as follows: “Under no circumstance shall the President of the Republic delegate his power to appoint and remove from office the vice-president(s) of the Republic...” (the rest shall remain unchanged) Art. 9 – Article 117 of the Constitution shall be modified as follows: “Should the President of the Republic be totally unable to perform his duties because of a serious and lasting illness, the Central Committee of the Party shall convene by right, and after having verified the reality of such incapacity by all appropriate means, shall propose by a two-thirds majority of its members to the National People’s Assembly the declaration of the state of impediment.” “The National People’s Assembly shall declare the state of impediment of the President of the Republic by a majority of two thirds of its members and shall entrust its Speaker with the charge of pro tempore Head of State who shall exercise his prerogatives in keeping with the provisions of Article 118 of the Constitution for a maximum period of forty-five (45) days.” “Should the state of impediment continue at the expiration of the forty-five (45) -day period, a declaration of vacancy shall be made by de jure resignation in accordance with the procedure referred to in the paragraphs hereabove and in accordance with the provisions of the paragraphs hereafter.” “In case of resignation or death of the President of the Republic, the National People’s Assembly shall assemble by right and shall 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.” “The candidate to the Presidency of the Republic shall be proposed by the congress of the National Liberation Front in conformity with the Statutes thereof.” “The elected President of the Republic shall accomplish his mandate in conformity with Article 108 of the Constitution.” Art. 10 – Article 118, paragraphs 2 and 3, of the Constitution shall be modified as follows: “During the forty-five (45) -day periods referred to in paragraphs 2 and 5 of Article 117 of the Constitution...” (the rest shall remain unchanged) “During the same periods, the vice-president(s) of the Republic shall not be removed from office...” (the rest shall remain unchanged) Art. 11 – Articles 197 and 198 of the Constitution shall be removed from the Constitution. Art. 12 – There is added to the Constitution (Title III: “Miscellaneous Provisions”) an Article 197 drafted as follows: “The provision contained in Article 108, paragraph 1 of the Constitution shall be applicable to the presidential term following the holding of the 4th Congress of the National Liberation Front.” Art. 13 – Article 199 shall become Article 198 of the Constitution. Art. 14 – This law bearing constitutional revision shall be published in the Official Gazette of the People’s Democratic Republic of Algeria. Done at Algiers on this seventeenth day of July nineteen hundred and seventy-nine. Chadli Bendjedid
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