3. The Organization of the Constitutional Council

        a) ) Membership of the Constitutional Council

         Membership of the Constitutional Council is governed by paragraph 1 of article 164 of the Constitution. Following the Constitutional revision of November 28, 1996 it was made up of nine (09) members. The three constituted powers are represented within the Constitutional Council. Hence by virtue of the executive power the President of the Republic appoints three members one of whom is the President of the Constitutional Council.

          By virtue of the judiciary power, one member is elected by the Supreme Court and one member by the State's Council. The Constitutional Council isnow made up of the following members.

Photograph of the Members of the Constitutional Council
(The President of the C. C : Fourth from the right)

By virtue of the President of the Republic :
    Mister    Said Bouchair, President since March 20, 1995
    Messrs : Ahcene Benniou, member since april 24, 1998
                 Ali Boubetra, member since april 24, 1998

 By virtue of the Nation's Council :
    Messers : Nacer Badaoui, member since april 21, 1998
                    Ghaouti  Mekamcha : appointed Minister of Justice
                       since december 19, 1998 and has not been replaced.

 By virtue of the State's Council :
    Madam – Ghania Labiadh née Meguellat ;
                   member since January 25, 1998.

Au titre de l’Assemblée populaire nationale :

• Messieurs Abdelhafid Amari membre depuis le 21 avril 1998
                  Mohamed Bourahla membre depuis le 21avril 1998

Au titre de la Cour suprême :

• Monsieur  Mohand Mahrez membre depuis le 21avril 1998

b) Term of office

             In conformity with article 164, paragraphs 3 and 4 of the Constitution, the President of the Constitutional Council is appointed for a single mandate of six (06) years. Other members are elected or appointed for a single mandate of six (06) years. However half of the membership is renewed every three years. As a result of the first renewal, the three members who have not been retained in the draw will hold a partial mandate of three years.

             To date, there have been two (02) renewals by half and one renewal of all members. The last renewal was carried out following the Constitutional revision of November 28, 1996. As for the renewal of the mandate of the President of the Constitutional Council, it has been renewed once only following the end of the mandate of Mister Abdelmalek Benhabyles who was replaced by the present President Mister Said Bouchair.

             A member's mandate may also end following his death, resignation or a lasting impediment In any of these cases, a deliberation takes place after which a notification is made to the Constitutional authority concerned, (depending on whether the member is appointed or elected).

 c)- Obligations of the mandate :

1. Incompatibilities

             Obligations of members of the Constitutional Council are set out by the rule setting the functionning procedures of the Constitutional Council of August 7, 1989 which stipulates in its article 46 "that members of the Constitutional Council shall adopt an attitude of reserve and shall refrain from adopting any public position".

             So as to ensure the institution's neutrality and independence, the Constituent has laid out a strict system of  Incompatibilities. Hence, in accordance with the terms of paragraph 2 of article 164 of the Constitution "once elected or appointed, members of the Constitutional Council shall give up any other mandate, function, responsability or mission" As a result are incompatible with the function of Constitutional judge any parliamentary mandate, government function of any other public or private activity. In accordance with article 10 paragraph 3 of the  organic ordinance relative to political parties, the affiliation of any member to a political party is illegal.

            Such a strictness is nevertheless mitigated by the possibility given to members who wish to take part in cultural or scientific activities if they are not liable to affect their independence or neutrality.

2- The discipline :

             In terms of discipline, the Constitutional Council is independent. It is the Council itself which exercises the disciplinary power on its members. Disciplinary independence represents a guaranty of its independence ; any breach by a member of his / her obligations will lead to sanctions which will be pronounced unanimously according to the procedure set out in articles 47 and 48 of the above mentioned rule of the Council.