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TITLE I THE FUNCTIONING RULES OF THE CONSTITUTIONAL COUNCIL ON THE CONTROL OF CONFORMITY AND CONSTITUTIONALITY |
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Chapter 1 Article
1: The
Constitutional Council decides on the conformity of organic laws with the
Constitution before their promulgation in accordance with the last paragraph
of Art. 123 of the Constitution by issuing a mandatory opinion after having
been called upon by the President of the Republic in accordance with the
second paragraph of Art. 165 of the Constitution within the time limit set
out in the first paragraph of Art. 167. Article
2: If
the Constitutional Council declares that a given provision of a law is not
in conformity with the Constitution, and that such provision cannot be
separated from the other provisions of such law, the latter shall not be
promulgated. Article
3: If the
Constitutional Council, referred to on the constitutionality of a law,
declares that such law includes an unconstitutional provision without noting
at the same time that the said provision cannot be separated from the law as
a whole, the President of the Republic may either promulgate the said law
with the exception of unconstitutional provision, or submit the said law to
parliament for the second reading. In this event, the amended provision
shall be submitted again to the
Constitutional Council for control of its conformity with the Constitution. Article
4 :
The Constitutional Council decides on the conformity of the Rules of the
procedure of each of the two chambers of parliaments with the Constitution
before their implementation by issuing a mandatory opinion in conformity
with the third paragraph of Art. 165 of the Constitution within the time
limit set out in the first paragraph of Art. 167 of the Constitution. Article
5: If
the Constitutional Council declares that the Rules of procedure of each of
the two chambers of parliament submitted to it, include a provision contrary
to the Constitution, such provision cannot be implemented by the chamber
concerned until the Constitutional Council declares its conformity with the
Constitution.
Any amendment to the Rules of procedure of each of the two chambers
of parliament shall be submitted to the Constitutional Council for control
of its conformity with the Constitution.
Chapter
2 Article
6:
In accordance with the first paragraph of Art. 165 of the Constitution the
Constitutional Council decides on the constitutionality of treaties, laws,
and regulations either by issuing an opinion before they take effect, or by
delivering a decision in the opposite case. Article
7: If the Constitutional Council
declares that a provision referred to it is unconstitutional and notes at
the same time that such provision cannot be separated from the other
provisions of the text referred to it, the text including such provision
shall be sent back to the referring authority. Article
8: If the decision of
constitutionality of a provision necessitates the examination of other
provisions not referred to the Constitutional Council and relevant to the
subject of the referred provisions, and if the decision of
unconstitutionality of the referred or examined provisions and their
severance from the rest of the text would undermine the whole structure of
the said text, the text shall be in this case sent back to the referring
authority. Chapter
3
Article
9: The
Constitutional Council is called upon through a letter sent to its President
in accordance with the provisions of Art. 165 and 166 of the Constitution. The letter of referral
shall be accompanied by the text submitted to the Constitutional Council for
opinion or decision. Article
10: The letter of referral shall
be registered at the General Secretariat of the Constitutional Council in
the referral register and a deposit receipt shall be delivered. The date mentioned on the
deposit receipt shall be considered as the beginning of the time limit
referred to in Art. 167 of the Constitution. Article
11: Once
the Constitutional Council is referred to, it shall proceed to the control
of the conformity with the Constitution or the constitutionality of the text
submitted for examination and shall pursue the procedure until its
completion. Article
12: Once
the letter of referral is registered, the President of the Constitutional
Council appoints from among the Council members a rapporteur entrusted with
the task of examining the matter and preparing a draft opinion or decision. Article
13: The
rapporteur is empowered to collect all the information and documents related
to the matter. In addition, he may seek advice from any expert of his
choosing. Article
14: After
completing his work,
the rapporteur shall submit to the President of the Constitutional
Council and to each members of the Council a copy of the file under
examination, together with a report and a draft opinion or decision. Article
15:
the Constitutional Council shall meet when convoked by its President. In case of impediment,
the President of the Constitutional Council may appoint one of the members
to substitute him. Article
16: The
deliberations of the Constitutional Council are subject to a quorum rule
that requires the actual presence of seven (7) members. Article
17:
the Constitutional Council deliberates behind closed doors. It
delivers its opinions and decisions by a majority of its members without
prejudice to the provisions of Art. 88 of the Constitution. In case of equality of
votes, the President of the Constitutional Council or the Chairman of the
session shall have a casting vote. Article
18: The
Secretary General shall ensure the secretariat of the session of the
Constitutional Council. Article
19: The
members present and the secretary of the session sign the minutes of the
session of the Constitutional Council. Only
the members of the Council are entitled to examine such minutes. Article
20: the
President and the members present sign the opinions and decisions of the
Constitutional Council. The Secretary General
records the opinions and decisions of the Constitutional Council and files
them in accordance with applicable law. Article
21: The
opinions and decisions reached by the Constitutional Council together with a
presentation of the reasons motivating them are stated and drawn up in the
Arabic language within the time limit set out in Art. 167 of the
Constitution. Article
22: The
opinion or decision is notified to the President of the Republic. They are
also notified to the Speaker of the National People’s Assembly or to the
President of the Council of Nation depending on the issue of the referral. Article
23: The
opinions and decisions of the Constitutional Council are conveyed to the
Secretary General of the Government for publication in the Official Gazette of the
People’s Democratic Republic of Algeria.
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