| Title I: THE FUNCTIONING RULES OF THE CONSTITUTIONAL COUNCIL ON THE CONTROL OF CONFORMITY AND CONSTITUTIONALITY. |
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Chapter I: THE CONTROL OF CONFORMITY WITH THE CONSTITUTION OF ORGANIC LAWS AND RULES OF PROCEDURE OF THE TWO CHAMBERS OF PARLIAMENT. Article
1 - The
Constitutional Council, called upon by the President of the Republic, in
compliance with article 165, paragraph 2 of the Constitution and in
implementation of article 123 in fine pronounces through a mandatory
opinion, prior to their promulgation, on the conformity of organic laws with
the Constitution within the time limit set out in article 167, paragraph 1
(1). Article
2 - If
the Constitutional Council declares that a given provision of a law is not
in conformity with the Constitution, and that
it can not be separated from other provisions of this law, the law
shall not be promulgated (1). Article
3 -
If the Constitutional Council, called upon to pronounce on the conformity of
a law with the Constitution, declares that such a law is not in conformity,
without noting at the same time that the said provision can not be separated
from the law as a whole, the president of the Republic may either promulgate
the law except the said provision or submit it to parliament for a new
reading. Thus, the amended provision shall be submitted once again to the
Constitutional Council for the control of its conformity with the
Constitution (1). Article
4 - The
Constitutional Council pronounces, on the conformity of the rules of
procedure of each of the chambers of Parliament with the Constitution before
their implementation through a mandatory opinion in conformity with article
165, paragraph 3 of the Constitution within the period set out in article
167, paragraph (1). Article
5 -
When the Constitutional Council declares that the rules of procédure
of one of the two chambers contain a provision contrary to the Constitution,
such a provision can only be implemented by the chamber concerned once the
Constitutional Council has declared its conformity with the Constitution.
Any amendment to the rules of procedure of one of the two chambers must be
submitted to the Constitutional Council once again for the control of its
conformity with the Constitution (1).
Chapter two : THE CONTROL OF THE CONSTITUTIONALITY OF TREATIES, LAWS AND REGULATION Article 6 - In accordance with article 165, paragraph 1 of the Constitution, the Constitutional Council pronounces on the constitutionality of treaties, laws and regulations either through an opinion if they have not become enforceable or through a decision in the opposite case (1). Chapter three: THE PROCEDURES Article
7 -
The Constitutional Council is called upon through a letter sent to its Président
as part of the provisions of articles 165 and 166 of the Constitution. In
case of control of constitutionality set out in article 165 paragraph 1 of
the Constitution, the provision or the provisions to be submited to the
Constitutional Council for control , shall be referred to precisely. The
letter of referral is accompanied by the text submitted to the
Constitutional Council for opinion or decision (2). Article
8 - The
letter of referral shall be recorded at the general secrétariat of the
Constitutional Council in the reference record and an acknowledgement
receipt shall be delivered. The date mentioned in the acknowledgement
receipt shall represent the beginning of
the time limite set out in article 167 of the Constitution
(2). Article
9 - Once
the Constitutional Council is called upon, it
proceeds to the control of the conformity of the Constitution or the
constitutionality of the text submitted for examination and pursues the
procedure to the end.
In
case the above mentioned text has been withdrawn or is no longer enforceable,
the Constitutional Council takes note of the unvalidity of the object of
referral and ends the procedure underway
(2). Article
10 -
The President of the Constitutional Council, after the recording of the
letter of referral, appoints among Council members a rapporteur entrusted
with examining the matter and preparing a draft opinion or decision. The
rapporteur shall be granted a period of
time within the time limit set out in aricle 167 of the constitution
(3). Article
11 -
The rapporteur is allowed to collect all the information and documents
related to the matter. In
addition, he may seek advice from any expert of his choice
(3). Article
12 -
The rapporteur submits at the end of his work to the President of the
Constitutional Council and each of its members a copy of the dossier of the
matter together a report and a
draft opinion or decision (3). Article
13 -
The President of the Constitutional Council summons the Council to meet. In
case of prevention, the President of the Constitutional Council may appoint
one of the members to replace him (1). Article
14 -
The Constitutional Council can only make a ruling on a given matter in the
presence of five (5) of its members at least
(3). Article
15 -
The Constitutional Council deliberates within a closed door session. it
renders its opinions and takes its decisions at the majority of its members
without any prejudice to provisions of article 88 of the Constitution. In
case of equality of votes, the President or the Chairman of the session
shall exercise a casting vote
(3). Article
16 -
The session secretariat of the Constitutional Council is carried out at
the behest of the Secretary General
(3). Article
17 -
The members present and the session secretary sign the minutes of the
sessions of the Constitutional Council. Only
members of the Council are entitled to examine them
(3). Article
18 -
The President or his alternate sign the opinions and the decisions of the
Constitutional Council. The
Secretary General records the opinions and the decisions of the
Constitutional Council and proceeds to their classification in accordance
with the regulation in force (3). Article
19 -
The opinions or the decisions of the Constitutional Council are justified
and rendered in the national language during
a period set out in article 167 of the Constitution
(3). Article
20 -
The opinion or the decision are notified to the President of the Republic.
They are also, depending on the author of the referral, notified to the
speaker of the People’s National Assembly or to the President of the
Nation’s Council (2). Article 21 - Opinions and decisions of the Constitutional Council are sent to the Secretary General of the Government for publication in the Journal Officiel of the People’s Democratic Republic of Algeria (3). |