2. Introduction of the Institution
The headquarters of the Constitutional Council are located in Hydra, 9
Rue Abou Nouas, Algiers. These headquarters do not have any particular political
history. Before housing the constitutional council, the present building served
as headquarters for several institutions and head office for many public
a. Its legal statutes :
The Algerian Constitutional Council was established under the
constitution of february 1989 Article 153, paragraph 1 stipulates : "A
Constitutional Council is established, entrusted with seeing to the respect of
Its membership, prerogatives, term of office of its members, areas and
moments of control, constitutional authorities qualified to refer to it and
finally sanctions which it takes and their effects are all determined by the
constitution and set out by other texts.
b- Other legal statutes :
The functioning procedures of the Constitutional Council, some rules
governing its organization as well as its other prerogatives are determined or
specified by the texts here-after :
1- The rule dated Moharam 5, 1410 corresponding to August 7, 1989 setting
the functioning procedures of the Constitutional Council, as amended and
2- Ordinance n° 97-07 dated Shawal 27, 1417 corresponding to March 6,
1997 relative to the organic law concerning the electoral system.
3- Ordinance n° 97-0.. dated Shawal 27, 1417 corresponding to March 6,
1997 relative to the organic law concerning political parties :
- The decision dated January 11, 1993 governing the internal organization of the administrative services of the Constitutional Council.
Aspects of the control of constitutionality
The control of constitutionality, as organized by the constitution is a
concentrated and abstract control practiced by means of action.
It is indeed entrusted to an institution specialized in Constitutional
contentious matters. It is carried out in the absence of any dispute and its the
text itself which is targeted.
Finally, it is carried out a priori when treaties, laws and rules are not
made enforceable and a posteriori in the opposite case. Organic laws and rules
of procedure of the two houses of parliament are subject to a mandatory and
preliminary control before their promulgation for the former and before their
implementation for the latter.
The control of constitutionality in Algeria is based essentially on the
European model of Constitutional justice.