CHAPTER I: The executive power

Art. 70 - The President of the Republic, Head of the State, embodies the unity of the Nation.
He is the guarantor of the Constitution.
He embodies the State within the country and abroad.
He addresses the Nation directly.

Art. 71 - The President of the Republic is elected by direct, secret and universal suffrage.
The election is acquired through the absolute majority of the expressed votes.
The other modes of presidential election are defined by the law.

Art. 72 - The President of the Republic exercises the supreme magistracy within the limits defined by the Constitution.

Art. 73 - To be eligible to the Presidency of the Republic, the candidate should :

- have, solely, the Algerian nationality by origin;
- be a muslim;
- be more than fourty (40) years-old the day of the election;
- enjoy full civil and political rights;
- prove the Algerian nationality of the spouse;
- justify his participation in the 1st of November 1954 Revolution for the candidates born before July 1942;
- justify the non-involvement of the parents of the candidate born after July 1942, in actions hostile to the 1st of November 1954 Revolution;
- submit a public declaration of his personal and real estate existing either within Algeria or abroad.
- Other conditions are prescribed by the law.

Art. 74 - The duration of the presidential mandate is five (5) years.
The President of the Republic can be reelected once only.

Art. 75 - The President of the Republic takes an oath before the  People and in the presence of the high authorities of the Nation, in the week following his election.
He enters into office after taking the Oath.

Art. 76 - The President of the Republic takes the Oath in the following terms :  

” In the Name of God the Merciful  and the Compassionate. Faithful to the great sacrifices and to the memory of our martyrs as well as to the ideals of the eternal November Revolution. I do solemnly swear by God the almighty that I will respect and glorify the islamic religion, defend the Constitution, see to the continuity  of the State and provide the necessary conditions for the normal functioning of the reinforcement of the democratic process, respect the free choice of the people as well as the institutions and laws of the Republic, preserve the integrity of the national territory, the unity of the people and the nation, protect the fundamental human and citizen’s rights and liberties, work for the development and progress of the people and put all my strength to the achievement of the great ideals of justice, freedom and peace in the world.
God is my witness”

Art. 77 - In addition to the powers bestowed, explicitly, upon him by other provisions of the Constitution, the President of the Republic has the following powers and prerogatives :
1- he is the Supreme Chief of all the Armed Forces of the Republic;
2- he is responsible for the National Defence ;
3- he decides and conducts the foreign policy of the Nation;
4- he presides the Cabinet ;
5- he appoints the Head of Government and puts an end to his functions;
6- he signs the presidential decrees ;
7. He has the right of pardon, remission or commutation of punishment;
8- he can refer to the People through a referendum on any issue of national importance ;
9- he concludes and ratifies international treaties ;
10- he awards State medals, decorations and honorific titles.

Art. 78 - The President of the Republic appoints :

1- to posts and mandates provided by the Constitution ;
2- to State civil and military posts ;
3- to nominations decided in the Cabinet ;
4- the President of the Council of State ;
5- the Secretary General of the Government ;
6- the Governor of the Bank of Algeria;
7- the Magistrates ;
8- high officials of security bodies ;
9- the "walis".

The President of the Republic appoints and recalls the ambassadors and the special envoys of the Republic abroad. He receives the credentials and the letters of recall of foreign diplomatic representatives.  

Art. 79 - The Head of Government presents the members of the Government he choosed to the President of the Republic who appoints them.
The Head of Government establishes a programme and submits it to the Cabinet.  

Art. 80 - The Head of Government submits his programme for approval to the People’s National Assembly. This latter opens, for this purpose, a general debate.
The Head of Government may adapt his programme in the light of this debate.
The Head of Government addresses a communication on his programme to the Council of Nation.
The Council of Nation may issue a resolution. 

Art. 81 - In case of non approval of his programme by the People’s National Assembly, the Head of Government presents the resignation of his Government to the President of the Republic.
This latter appoints again a Head of Government in accordance with the same modes.  

Art. 82 - If the People’s National Assembly’s approval is not obtained, the People’s National Assembly is dissolved de jure.
The Government in office is kept in position in order to manage daily affairs until the election of a new People’s National Assembly within a maximum period of three (3) months.

Art. 83 - The Head of Government executes and coordinates the programme adopted by the People’s National Assembly.

Art. 84 - The Government presents each year a general policy declaration to the People’s National Assembly.
The general policy declaration is followed by a debate on the action of the Government.
This debate may end up with a resolution.
It may also lead the People’s Natonal Assembly to bring in a vote of censure, in accordance with the provisions of articles 135, 136 and 137 under-mentioned.
The Head of Government may ask the People’s National Assembly a vote of confidence. If the motion of confidence is not voted, the Head of Government presents the resignation of his Government.
In this case, the President  of the Republic may, before accepting the resignation, use the provisions of article 129 under-mentioned.
The Government may also present a general policy declaration to the Council of Nation.

Art. 85 - In addition to the powers bestowed upon him explicitly by other provisions of the Constitution, the Head of Government exercises the following functions :
1- he distributes the functions among the members of the Government  in accordance with the provisions of the Constitution.
2- he presides the Council of Government ;
3- he sees to the execution of laws and rules ;
4- he signs executive decrees ;
5- he appoints to state offices, without prejudice to the provisions of articles 77 and 78 above mentioned ;
6- he sees to the best functioning of the public administration.

Art. 86 - The Head of Government may present to the President of the Republic the resignation of his Government.

Art. 87 - The President of the Republic cannot, in any cases, delegate the power to appoint the Head of Government, the members of the Government, as well as the presidents and members of constitutional institutions for whom another mode of designation is not provided by the Constitution.

Moreover, he cannot delegate his power to resort to referendum, to dissolve the People’s National Assembly, to decide on anticipated legislative elections, to implement the provisions of articles 77, 78, 91, 93 to  95, 97, 124, 127 and 128 of the Constitution.

Art. 88 - If the President of the Republic, because of serious and long-lasting illness, happens to be in the impossibility to carry out his functions, the Constitutional Council meets de jure, and after having verified the reality of the impediment by the appropriate means, proposes, unanimously, to the Parliament to declare the state of impediment.

The Parliament sitting, in both chambers convened together, declares the state of impediment of the President of the Republic, with a majority of two-thirds (2/3) of its members and charges the President of the Council of Nation, to stand for the Head of State by interim for a maximum period of fourty five (45) days and carry out his prerogatives in accordance with the provisions of article 90 of the Constitution.

If the impediment continues at the expiry of the fourty- five (45) days period, a declaration of vacancy by resignation de jure is made in accordance with the procedure mentioned in the above paragraphs and the provisions of the following paragraph of the present article.

In case of resignation or death of the President of the Republic, the Constitutionnal Council meets de jure and ascertain the permanent vacancy of the Presidency of the Republic.

It, immediately, communicates the permanent vacancy declaration act to the Parliament which meets de jure.

The president of the Council of Nation assumes the charge of Head of State for a maximum period of sixty (60) days, during which presidential elections are organized.

The Head of State, thus designated, cannot be candidate to the Presidency of the Republic.

In case the resignation or the death of the President of the Republic comes in conjunction with the vacancy of the Presidency of the Council of Nation whatever the cause may be, the Constitutional council meets de jure and ascertain, unanimously, the permanent vacancy of the Presidency of the Republic and the impediment of the President of the Council of Nation. In this case, the President of the Constitutional Council assumes the Function of the Head of State in accordance with the conditions defined in the preceding paragraphs of the present article and article 90 of the Constitution. He cannot be candidate for the Presidency of the Republic.

Art. 89 - When one of the candidates of the second round of the presidential elections dies, withdraws or is hindered for any reason, the President of the Republic in office or who assumes the function of Head of State remains in office until the proclamation of the election of the President of the Republic.
In this case, the Constitutional Council extends the period of organizing the election for a maximum period of sixty (60) days.
The organic law will determine the conditions and modes of implementing the present provisions.

Art. 90 - The Government in office at the time of the impediment, the death or the resignation of the President of the Republic cannot be resigned or reshuffled until the new President of the Republic comes into office.

In the case the Head of Government in office, is candidate for the Presidency of the Republic, he resigns de jure. The function of Head of Government is assumed by a member of the Government appointed by the Head of State.

During the periods of fourty five (45) days and sixty (60) days provided for by articles 88 and 89, the provisions  in the paragraphs 7 and 8 of article 77 and the articles 79, 124, 129, 136, 137, 174, 176 and 177 of the Constitution cannot be implemented.

During these same periods, the provisions of articles 91, 93, 94, 95 and 97 of the Constitution cannot be implemented unless the Parliament sitting in both chambers convened together gives its approval, the Constitutional Council and the High Security Council referred to before.

Art. 91 - In case of urgent necessity, the High Security Council convened, the President of the People’s National Assembly, the President of the Council of Nation, the Head of Government and the President of the Constitutional Council referred to, the President of the Republic decrees the state of emergency or the state of siege, for a definite period and takes all the necessary measures to restore the situation.

The duration of the state of emergency or the state of siege cannot be extended unless with the approval of the Parliament sitting in both chambers convened together.

Art. 92 - The organization of the state of emergency and the state of siege is defined by an organic law.

Art. 93 - When the country is threatened by an impending danger to its institutions, to its independence or to its territorial integrity, the President of the Republic decrees the state of exception.

Such a measure is taken after referring to the President of the People’s National Assembly, the President of the Council of Nation and the Constitutional Council, and hearing the High Security Council and the Cabinet.

The state of exception entitles the President of the Republic to take exceptional measures dictated by the safeguard of the independence of the Nation and the institutions of the Republic.

The Parliament meets de jure.

The state of exception ends in accordance with the same forms and procedures mentioned above and which led to its proclamation.

Art. 94 - The High Security Council heard, the President of the People’s National Assembly and the President of the Council of Nation referred to, the President of the Republic decrees the general mobilization during the meeting of the Cabinet.

Art. 95 - The Cabinet met, the High Security Council heard, The President of the People’s National Assembly and the President of the Council of Nation referred to, the President of the Republic declares war in case of effective or impending agression in accordance with the relevant provisions of the United Nations Charter.
The Parliament meets de jure.
The President of the Republic addresses a message informing the Nation.

Art. 96 - During the period of the state of war, the Constitution is suspended, the President of the Republic assumes all the powers.

When the mandate of the President of the Republic comes to expiry, it is extended de jure until the end of the war.

In case the President of the Republic resigns or dies or any other impediment, the President of the Council of Nation assumes, as Head of State and within the same conditions as that of the President of the Republic, all the prerogatives required by the state of war.

In case there is a conjuntion of the vacancy of the Presidency of the Republic and the Presidency of the Council of Nation, the President of the Constitutional Council assumes, the functions of the Head of State within the conditions provided for above.

Art. 97 - The President of the Republic signs armistice agreements and peace treaties.
He receives the view of the Constitutional Council on the relevant agreements.
He submits the latter immediately to be approved explicitly by each of the two chambers of the Parliament.