Title I: THE FUNCTIONING RULES OF THE CONSTITUTIONAL COUNCIL ON THE CONTROL OF CONFORMITY  AND CONSTITUTIONALITY.

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).